Mobil Oil (Nig.) Limited V. Chief J. O. Agadaigho (1988)

LawGlobal-Hub Lead Judgment Report

L. UWAIS, J.S.C.

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, workmen and agents or otherwise howsoever from entering and/or trespassing on the petrol filling and service station aforesaid save and except for the purpose of handing over to the Plaintiff of the equipment, petroleum and other products thereon in good order and condition.

(3) The sum of forty Naira (N40.00) per day from 16th August, 1986 until the date of the actual handing over of the equipment, petroleum and other products aforesaid by the Defendant to the Plaintiff in good order and condition, being liquidated damages payable by the Defendant to the Plaintiff for the latter’s failure and/or refusal to so hand over to the Plaintiff the equipment and products on the said petrol filling and service station.

(4) The sum of five hundred Naira (N500.00) per month from August, 1986 until the date of the actual handing over referred to in (2) and (3) above being reimbursement for the Defendant’s use of the service facilities provided by the Plaintiff at the said petrol filling and service station within the jurisdiction of this Honourable Court.

(5) Any further or other reliefs or orders as the Court may deem fit to grant or make in the circumstances.”

On the 22nd January, 1987, that is before pleadings were filed, the Plaintiff brought a motion under section 24 subsection (1) of the High Court of Bendel State Law, Cap.65 of the Laws of Bendel State, 1976 and Order 19 rules 9 and 11 of the High Court of Bendel State (Civil Procedure) Rules, Cap. 65 for an order or orders as follows-

“1. Commanding and/or enjoining the Defendant/ Respondent by himself, his servants, workmen and agents or otherwise howsoever to hand over to the Plaintiff/Applicant the equipment together with the keys thereto, petroleum and oil products on the Plaintiff/Applicant’s petrol filling round-about) lying and situate at Warri/Sapele Road, Warri pending the determination of this suit, AND THEREAFTER

2. Restraining the Defendant/Respondent by himself, his servants, workmen and agents or otherwise howsoever from entering and/or trespassing on the petrol filling and service station aforesaid pending the determination of this suit.

AND for such further order or orders as this Honourable Court may deem fit to make in the circumstances.”

In the affidavit in support of the motion, which was sworn to by the Senior Marketing Representative of the Plaintiff –

Mr. Ifeanyichukwu Molokwu, it was deposed in paragraph 3 thereof-,

“The dispute in this case arose from the contractual relations and business transactions between the parties herein as evidenced in writing by a dealer agreement dated 13th July, 1984 and signed by the parties on 27th July, 1984 attached hereto and marked as Exhibit ‘A’.”