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OTAMEH
V.
ADESANYA & CO

(2016) JELR 46586 (CA)

Court of Appeal 23 Mar 2016 Nigeria
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- The case involves two traders who were neighbors and dealt in the same merchandise. - The respondent accused the appellant of using charm to steal his customers and harm his business. - The respondent made multiple complaints to the polic

Case Details

Suit Number:CA/I/148/2002
Judges:ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:Josiah Otameh, Esq. For Appellant Tunde Ologunde, Esq. For Respondent

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The facts of the case that led to this appeal relate to two traders who occupied adjoining market stalls of No.84 and 89A Akarigbo Street Sagamu Ogun State. They, the appellant and the respondent both dealt in the same articles of Merchandise such as radio, television, refrigerators air conditioners electric fans video set and recorders.

From the findings of the trial Court, bitter rivalry and jealousy arose over customers and sales whereby respondent began alleging that appellant was enticing his customers away with the use of charm with a view to stifling appellant out of business.

The feud between these trader/neighbours became so intense that on a frequent basis, the respondent went to the police and allege some complaint either bothering on use of charms against him (respondent) to destroy his business or to conduct likely to cause breach of peace or to burglary' These happened on several occasions in 1985, 1990 and in 1…

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