CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal by the claimants/appellants against the judgment of the Lagos State High Court delivered on the 24th November, 2005, whereby the learned trial judge entered summary judgment for and in favour of the defendant/respondent in respect of its counter-claim and as per its prayer on the motion on notice for summary judgment dated and filed on the 19th May, 2005.
Deducing from the record of appeal, the claimants/appellants commenced the action in this suit by writ of summons dated 15th December, 2003 and filed on the 16th December, 2003. The statement of claim also dated 15th December, 2003 was filed together with the writ of summons on the same day and wherein the claimants/appellants claimed against the defendant/respondent the following reliefs:-
"(a) A declaration that, vide an agreement between the plaintiffs and the representatives and or agents of the defendant dated 1/9/2003, the plaintiffs are no longer …