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UNIVERSAL VULCANIZING (NIGERIA) LTD.
V.
IJESHA UNITED TRADING & TRANSPORT & ORS

(1992) JELR 43131 (SC)

Supreme Court 18 Dec 1992 Nigeria
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- The plaintiff/appellant filed a claim in the High Court for specific performance of a sale agreement, injunction against trespassing, and nullification of a deed of assignment. - The 1st, 4th, and 5th defendants counter-claimed for the pl

Case Details

Suit Number:SC.126/1988
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEBGU Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:Dr. F.A. Ajayi. SAN (with him, B. Adeoye and J.O. Agboola)Taiwo Osipitan. Esq - for the Cross-appellant For Appellant D.A. Akinloye, Esq - (with him, A. Akintoye. Jnr)-forthe 1st, 4th and 5th RespondentsS.A. Mohammadu. Esq. Ag. Deputy Director of Public Prosecutions, Ministry of Justice, Kwara State-for the 6th and 7th Respondents For Respondent
Other Citations:Universal Vulcanizing (Nig.) Ltd. v. I.U.T.T.C. (1992) NWLR (Pt. 266) 388

U. OMO, JSC (Delivering the Leading Judgment): The claim of the plaintiff/appellant in the High Court of Kwara State (Ilorin Division), as set out in his Statement of Claim, against defendants/respondents jointly and severally is as follows:-

(i) an order for specific performance of the sale agreement between the plaintiff and the 1st defendant;

(ii) a perpetual injunction prohibiting the 7 defendants, their servants and/or agents from further trespassing on, or dealing with the said property;

(iii) a declaration that the purported assignment of the same property to the 5th defendant as per Deed of Assignment dated 10th December. 1984, is null and void and of no effect whatsoever and the setting aside of the aforesaid Deed of Assignment."

The 1st, 4th and 5th defendants in addition to filing a joint Statement of Defence also counter-claimed jointly against the plaintiff as follows:-

"(a) That plaintiff vacate the said property immediately.

(b) Perpetual injunction against the plaint…

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