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ADEMOLA & ORS
V.
SEVEN-UP BOTTLING COMPANY PLC

(2003) JELR 44924 (CA)

Court of Appeal 16 Jan 2003 Nigeria
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Case Details

Suit Number:CA/K/313/2001
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Counsel:A. A. Owolabi, Esq. For Appellant H. O. Ajibo, Esq. For Respondent
Other Citations:Ademola v. Seven-Up Botti. Co. Plc. [2004] 8 NWLR (Pt.874)134

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Makeri, J. of the Kaduna State High Court of Justice sitting at Kaduna and delivered on 8/6/2001.

In an action instituted by a writ of summons, the appellants as plaintiffs before the trial court in paragraph 32 of their amended statement of claim dated 2/12/97 claimed against the respondent which was the defendant in the action as follows:

"32. WHEREOF the plaintiffs claim various against the defendant followings:

(a) A declaration that the plaintiffs are the winner of winning No. 228 as published by the New Nigerian Newspapers Ltd. Northern edition of No. 8,986 of Friday June 4th, 1993 at (last) page 16.

(b) A declaration that the plaintiffs no. 228 as published by the New Nigerian Newspaper Ltd. on it's newspaper on Friday June, 4th 1993 at page sixteen is the winning number.

(c) A declaration that the first, second, third, forth and fifth plaintiffs having found No. 228 under the cro…

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