ADIO, J.S.C. (Delivering the Leading Judgment): In the writ of summons which contained the claim in the action which the appellant instituted against the respondents in the Ibadan Judicial Division of the High Court of Oyo State, the appellants claim was as follows:-
"The plaintiffs claim against the Defendants jointly and severally is for the Recovery of various sums of money totalling Twenty-Four Thousand, Six Hundred and Twenty-Nine Naira (N24,629) being money paid by the plaintiffs to the Defendants at various dates in 1984 at Mrs. E. Aina Olukoya's Beer Supply Shop: SW8/871C Liberty Stadium Road, Ibadan, for the Purchase of assorted Brands of cartons of Beer and Drinks.
The Defendants failed to supply the cartons of beer and drinks. And have refused and/or neglected to Refund the payments for the Beer and Drinks despite repeated demands.
In the alternative - Plaintiffs claim a Declaration that they are entitled to Repayment - Back of their various Beer Purchase. Deposits with the…