UNION BEVERAGES LTD.
V.
PEPSICOLA INTERNATIONAL LTD & ORS.

(1994) JELR 44691 (SC)    

Supreme Court  ·  SC.81/1990 ·  25 Feb 1994 ·  Nigeria
 · 
Other Citations
Union Beverages Ltd. v. Pepsicola Int. Ltd (1994) 3 NWLR (Pt.330)1 (1994) 2 SCNJ 157
Union Beverages Ltd. v. Pepsicola Int. Ltd (1994) 3 NWLR (Pt. 330) 1
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
1st respondent
interlocutory injunction
court of appeal
4th respondent
1st defendant
serious question
3rd respondents
learned trial judge
support of the application
trial court
appointment agreement
affidavit evidence
perpetual injunction
alleged franchise agreements
circumstances of the case
exclusive bottling appointment agreement
interim injunction
legal right
right decision
correct decision
franchise
franchise agreement
aspects of the appellant
exclusive franchise agreements
exclusive right
high court decision
interests of the appellant
judgment of the court of appeal
order of interlocutory injunction
subsidiary company
2nd respondent
appeal of the appellant
appellate courts duty
breach of the aforesaid agreements
copy of the ruling of the learned trial judge
franchise exclusive
grounds of appeal
intention of the 1st respondent
interlocutory injunction show
lagos high court
learned trial judge of the interim injunction
parent company of the 1st respondent
pepsi bottles
present appeal
rules of this court
said 1st defendant
subsidiary amending agreement

ADIO, J.S.C. (Delivering the Leading Judgment): The appellant, as plaintiff, instituted an action, in the Lagos High Court, against the 1st, 2nd and 3rd respondents, as defendants and the appellant's claim was as follows:

"1. A declaration that the 1st defendant's letter dated 22nd December, 1988, purporting to terminate the Exclusive Bottling Appointment Agreement dated 19th January, 1976 is invalid, wrongful, null and void and of no effect whatsoever and should in the interest of justice be set aside.

2. The plaintiff also claims from the said 1st defendant the sum of N50,000,000.00 as damages for the wrongful breach of the said Exclusive Bottling Appointment Agreement.

3. The plaintiff claims against the 2nd and 3rd defendants jointly and severally N50,000,000.00 damages for trespass to the plaintiff's goods namely, Pepsi bottles and crates.

4. The plaintiff claims from the 2nd and 3rd defendants jointly and severally the sum of N50,000,000.00 damages for wrongful inducing a breac…

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