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MR. MUHAMMED AMINU ADEM OLA MR. AKEEM OLAJUWON MRS. ALICE AYENI MR. OLALEKAN MUHAMM ED MR. OLAJUMOH AKANDE V. SEVEN-UP BOTTLING COMPANY PLC.

(2003) JELR 53099 (CA)

Court of Appeal  •  CA/K/313/2001  •  16 Jan 2003  •  Nigeria

Coram
ISA AYO SALAMI JCA (Presided) MAHMUD MOHAMMED JCA (Read the Lead Judgment) JOSEPH JEREMIAH UMOREN JCA

Judgement

MOHAMMED JCA (Delivering the Lead 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 the following:

(a) A declaration that the plaintiffs are the winners 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 Newspapers Ltd. on its Newspaper on Friday

June, 4th 1993 at page sixteen is the winning number.

(c) A declaration that the first, second, third, fourth and fifth plaintiffs having found No. 228 under the crown corks o…

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