(2003) JELR 44924 (CA)    

Court of Appeal  ·  CA/K/313/2001 ·  16 Jan 2003 ·  Nigeria
Other Citations
Ademola v. Seven-Up Botti. Co. Plc. [2004] 8 NWLR (Pt.874)134
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
Core Terms Beta
trial court
winning number
statement of claim
grounds of appeal
judgment of the trial court
real issue
issue no.4
present case
civil case
claims of the appellants
learned trial judge
magnus iweka
present appeal
proven fact
abandoned amended statement of claim
actual number
actual winning number
claims of various amount of money
credible evidence
crown corks of the product of the defendant
different issues
exchange of pleadings
experience shows
holders of the winning numbers
kaduna state high court of justice
leading judgment
learned counsel
main reason
new nigerian newspaper ltd.
new nigerian newspapers ltd.
notice of appeal
number of amendments
number of documents
parties pleadings
real position of the law
real sense
repudiation of the said contract
support of their respective claims
trite law
whole evidence

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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