UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This appeal raises two issues for decision which, although fundamental in nature in view of their effect on the whole case, fall within a narrow compass as will emerge in the course of this judgment.
The appeal arose from Suit No. LD/600/1970, instituted in the High Court of Lagos by the Plaintiffs, herein respondents, against the defendants, herein appellants, the particulars of claim whereof, as endorsed on the writ of summons, would appear in the judgment.
Subsequent to the filing of the writ, and in obedience to an order of court made in that behalf, the respondents filed and delivered their statement of claim dated 11th January, 1971.
For the better appreciation of the importance of the issues raised and argued before us, it is necessary, we think, that the whole of the statement of claim be set out hereunder. It reads:-
"The Plaintiffs through their representatives aver as follows:-
1. That at the last Annual Convention o…