E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the Court of Appeal, Ibadan. The appellants were the plaintiffs before the High Court of Ogun State holden at Ilaro in a suit filed on 13/5/76. When the appeal came up for hearing on 24/3/97, parties were absent and not represented by counsel. Briefs having been filed, the appeal was taken as argued by them. See O. 6 r. 8(b) of the Supreme Court Rules.
On 15/7/76, the 4th and 5th defendants were joined by the order of the court following an application made to the Court by the plaintiffs. The plaintiffs applied to amend their writ of summons and statement of claim. The application was granted and the amended writ of summons and statement of claim were filed as ordered. The statement of defence was also amended with the leave of the court. The plaintiffs' claim against the defendants as finally settled in the amended writ of summons is as follows:
"1. A declaration that the plaintiffs are entitled to apply…