M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): This appeal arose from the decision of the Court of Appeal on an interlocutory application made before the High Court of Bendel State holden at Warri.
The Appellant, as Plaintiff, brought an action in the High Court on the 2nd day of January, 1987 against the Respondent, as Defendant. Its claims, as per writ of summons, are as follows -
"(1) A declaration that me dealer agreement dated 13th July, 1984 between the parties relating to the operation of the plaintiffs petrol filling and service station (retail outlet 222 round-about) at Warri/Sapele Road, Warri was determined on 16th August, 1986 by notice dated 16th July, 1986 and/or summarily by the Plaintiff in its sole opinion that an emergency had arisen from the Defendant's unsatisfactory performance as a dealer constituting thereby a danger to the good operation of the said petrol filling and service station.
(2) An injunction restraining the Defendant by himself, his servants,…