G.A. AKHIWU V. THE PRINCIPAL LOTTERIES OFFICER MID-WESTERN STATE & ANOR.

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): In Suit B/30/69 The Principal Lotteries Officer of the Mid-Western State brought a claim in the Benin High Court in which he sought a declaration:

"(a) That the 1st defendant is the person entitled to the sum of 4,000pounds being the 1st prize of the MidWestern State Government lottery drawn at Benin City on the 10th of July, 1969; OR IN THE ALTERNATIVE:

(b) That the 2nd defendant is the person entitled to the said amount.

PARTICULARS

1. At the MidWestern State of Nigeria Government lottery drawn at Benin City on the 10th of July, 1969, ticket No. MO83501 won the 1st prize of 4,000pounds. This result was published according to law in MidWestern State Notice No. 422 of 10th July, 1969, contained in Mid-Western State of Nigeria Gazette No. 32 Volume 6 of 17th July, 1969.

2. The defendants have each claimed to be owner of staker on the said winning ticket No. MO83501.

3. The defendants have each claimed to be entitled to the said…