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AFRICAN PETROLEUM LTD
V.
OWODUNNI

(1991) JELR 51573 (SC)

Supreme Court 15 Nov 1991 Nigeria
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- The plaintiff filed a lawsuit claiming recovery of possession of a property and an injunction to restrain the defendant from continuing to occupy the property. - The defendant was a director and employee of the plaintiff and was allowed t

Case Details

Suit Number:SC. 72/1990
Judges:ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Presided) SAIDU KAWU, JSC PHILIP NNAEMEKA-AGU, JSC (Read the Lead Judgment) ABUBAKAR BASHIR WALI, JSC UCHE OMO, JSC
Counsel:Chief Kehinde Onafowokan, SAN - for the Appellant . -*- O. S. Sowemimo, SAN - for the Respondent . A
Other Citations:African Petroleum Ltd v. Owodunni (1991) 8 NWLR (Pt.210)391 (1991) 11 SCNJ 81 (1991) 11-12 S.C 56, (1991) JELR 43038 (SC)

NNAEMEKA-AGU, JSC (Delivering the Lead Judgment): By a writ of summons filed on 14th of November, 1983, the plaintiff claimed from the defendant as follows:

“(a) Recovery of possession of the premises known and situate at 1, Ilabere Avenue, Ikoyi, Lagos State which he was put into possession by the plaintiff as service tenant at the time of his employment with the plaintiff; and

(b) An injunction to restrain the defendant from continuing to occupy the said premises. The plaintiff claims possession and mesne profit at the rate of ₦13,500.00 per annum from the 31st of December, 1980 until possession is given up.”

According to the pleading in the further amended statement of claim dated 19th February, 1986, the defendant, a chartered accountant was at all material times a director and employee of the plaintiff, a limited liability company involved in trade, production, distribution and sale of petroleum and natural gas products within and outside Nigeria. The plaintiff allowed the defe…

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