A. N. ANIAGOLU, JSC (Delivering the Leading Judgment): The appellants, in this appeal which was brought against the judgment of the Federal Court of Appeal, were the plaintiffs in the two suits (KDH/131/77 and KDH/37/78) which they took out in the Kaduna High Court on 30th November 1977 and 6th January 1978 respectively. The two suits were consolidated and heard by Kola Aroyewun, J., who entered judgment for the appellants on 12th October, 1978. I have underlined these dates as they are important and have to be borne in mind in appreciating the issue to which I shall soon draw attention and which calls for a determination in this appeal.The Federal Court of Appeal (Kazeem, Wali and Maidama, JJCA.,) who heard the appeal of the respondents against the said judgment of the Kaduna High Court, set aside the judgment and dismissed the appellants' case.An understanding of only a small portion of the facts adduced in evidence is here necessary for resolving the legal issue raised by this appe…