Total Nigeria Plc. V. Chief Elijah Omoniyi Ajayi (2003)

LawGlobal-Hub Lead Judgment Report

JA’AFARU MIKA’ILU, J.C.A.

This is an appeal against the judgment of Justice Modupe Fasunmi (Mrs), Judge of the High Court of Ijero-Ekiti State in suit No. HIJ/3/98, Chief Elijah Omoniyi Ajayi v. Total Nigeria, Plc, passed on 7th February, 2002.

Before the trial court, the appellant as defendant was sued by the respondent as plaintiff claiming, as per the writ of summons and particularly paragraph 19 of the statement of claim for the following:

“‘(a) a declaration that the termination of the Marketing Licence between plaintiffs and first defendant by first defendant’s letter reference number GSA/MOI/EXT3497 of 26th November, 1997 is unjustified, wrongful, unfair, unconscionable and mala fide, and an order setting aside the said letter of termination,

OR ALTERNATIVELY

two million Naira (N2,000,000.00 being special and general damages against the defendant, jointly and severally, for the unjustified, wrongful, unfair, unconscionable and mala fide termination of the said Marketing Licence contract between plaintiff and first defendant, out of which N860,500.00 is special damages,

(b) an order setting aside and nullifying the certificate of occupancy registered as Number 7 at page 7 in Volume 149 (certificates of occupancy) of the Lands Registry in the office and obtained wrongfully, illegally and unconstitutionally by first defendant in respect of plaintiff’s land at the Total Petrol Filling Station, Ifaki Ekiti.

The appellant denied the claim and, as per paragraph 31 of its amended statement of defence and counter-claim and made a counterclaim as follows:-

“(a) A declaration that the Marketing Licence Agreement dated 1995 between the plaintiff and 1st defendant has lawfully determined by reason of lawful non-renewal of the agreement.

(b) An order that the plaintiff be available for stock-taking and reconciliation and/or determination of the statement of account between the parties.

(c) An order for the plaintiff to hand over the station and all the equipment therein in good and serviceable condition to the 1st defendant.

(d) An order for the plaintiff to pay over to the 1st defendant any sums that may be due to the 1st defendant after stock-taking.

(e) N1,000.00 daily from 1/1/98 until the station is handed over to the defendant as provided for in the Dealership Agreement, under section 16 thereof.

(f) N1,000.00 for the unlawful use of the 1st defendant’s equipment in the station from 1/1/98 to the judgment and hand over”