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EMIANSEGEN
V.
STEPHEN & ORS

(1985) JELR 40461 (CA)

Court of Appeal 19 Sep 1985 Nigeria
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- The case involved a dispute between former business partners (Imienwabho and Emiansegen) over the ownership, profits, and dissolution of the West End Hotel partnership, with the plaintiff seeking a declaration of joint ownership, an accou

Case Details

Suit Number:CA/J/41/84
Judges:ABDUL GANIYU OLATUNJI AGBAJE Justice of The Court of Appeal of Nigeria REIDER JOE JACKS Justice of The Court of Appeal of Nigeria WALLACE RONALD TISLINGTON MACAULAY Justice of The Court of Appeal of Nigeria
Counsel:C. A. Ekhasemomhe Esq For Appellant A. O. Alatishe Esq. For Respondent
Other Citations:Emiansegen v. Stephen (1985) 3 NWLR (Pt.11)

AGBAJE, J.C.A. (Delivering the Leading Judgment): The original plaintiff in this case was one Stephen Imienwabho and he sued the defendant, Vincent Emiansegen, claiming against him as follows:-

"(A) A declaration that the business which is now operated under the name and style of WEST END HOTEL, Lafia at the material time, is the Bona Fide property of the parties. (i.e. Plaintiff and Defendant).

(B) A full account of its finances including the making of profits from January, 1978, until this action is disposed of and

(C) N20,000 damages for breach of contract.

The action was instituted in a Jos High Court. Pleadings were ordered, filed and delivered. In order to appreciate the nature of the claim of the plaintiff in so far as claim (A) is concerned, it is necessary to refer to paragraphs 14, 15 and 16 of the Statement of Claim. They read as follows:

"14. In January, 1978, the defendant informed the plaintiff through one Alhaji Rabiu and Emmanuel Lawani, of his intention to terminate…

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