(1998) JELR 45668 (SC)    

Supreme Court  ·  SC.224/1991 ·  15 May 1998 ·  Nigeria
Other Citations
Fawehinmi Cons. Co. Ltd v. O.A.U (1998) 6 NWLR (Pt.553)171 (1998) 5 S.C 43
Fawehinmi Cons. Co. Ltd. v. O.A.U. (1998) 6 NWLR (Pt. 553) 171
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
provisions of section
record of proceedings
trial court
stay of proceedings
trial judge
constitution of the federal republic of nigeria
learned judge
nigerian ports authority v
notice of intention
statement of claim
university of ife
cause of action
decision of the supreme court
failure of the appellant
order of mandatory injunction
ground of appeal
leading judgment
obafemi awolowo university
such notice
sulu-gambari jca
sums of money
arbitration act
detention of the plaintiffs plants
evidence act
following orders
issue of lack of notice
new ground of appeal
new issue
nigerian ports authority construzioni generali
said notice
said security men
separate application
statutory provisions
such application
supreme court rules
waiver of its rights
written record
wrongful detention of its plants

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant took out a writ claiming damages for breach of contract it entered into with the respondent, damages for wrongful detention of its plants, machineries and equipment by the respondent and an order for the plaintiff to be paid "such other sums of money as the court may find to have been lost"..............as a result of continued detention of the plaintiffs plants, equipment and machinery. Also prayed for, is the order to the defendant to release to the plaintiff the plants, machineries and equipment detained by it on the site where the execution of the contract between them was being carried out. On the day the appellant as plaintiff filed its writ it also filed a motion for order of mandatory injunction to compel the respondent as defendant to release the appellant's plant, machinery etc. aforementioned and 3rd day of June, 1987 was fixed for hearing the motion. The respondent got served with the writ and motion and on 2…

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