MOHAMMED JSC (Delivering the Lead Judgment): On 19 June 2002, the Court of Appeal, Abuja Division by a unanimous decision set aside the judgment of the trial court sitting at Ajaokuta delivered on 22 June 2000, dismissing the plaintiffs’ claims against the defendant. The present appeal is, therefore, by the defendant against that judgment of the Court of Appeal.
The case was initiated by the plaintiffs by an ex parte application filed on 10 August 1995, where the plaintiffs sought for and obtained leave of the court to sue the defendant in a representative action. Subsequently, the plaintiffs brought their action in that capacity claiming in their paragraph 18 of the amended statement of claim, the following reliefs:
“Whereof the plaintiffs jointly and severally claim against the defendant as follows: An order of this honourable court that the plaintiffs who were ex-security workers at different stages between January 1989 and December 1994 are entitled to the short payment arising f…