CaseLaw
Olatubosun Vs. Texaco Nigeria Plc & Ors (2012) CLR 5(f) (SC)
Judgement delivered on May 25th 2012
Brief
Facts
The Appellant was the Plaintiff at the High Court of Justice Ibadan, where he filed a case on 6th October, 2002, against the Respondents who were the Defendants in the action, challenging the termination of the operator's agreement dated October, 1997, between the Appellant and the 1st Respondent/Defendant. On 22nd October, 2002, the Appellant as Plaintiff filed an application for interlocutory injunction restraining the Defendants, their agents, servants and or privies from taking over the running and management of the petrol station in dispute or transferring same to anybody whatsoever pending the determination of the substantive action. The application was heard and refused by the high court in its ruling of 21st November, 2003. Dissatisfied with this decision of the high court, the Appellant then appealed against it to the Court of Appeal where he at the same time filed another application for injunction on 26th November, 2002, pending the determination of the appeal. Following the failure of the Appellant/Plaintiff to perfect the conditions of appeal imposed by the trial high court within the time prescribed, the Appellant applied to the Court of Appeal for an extension of time to perfect the conditions of appeal imposed by the trial high court. This application was 'heard and dismissed by the Court of Appeal thereby giving rise to the present appeal.
Dissatisfied with that decision, the Appellant further appealed to the Supreme Court