ALHAJI YUSUF ADISA V. ALHAJI MALOMO MOHAMMED

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellant was the claimant at the High Court of Kwara State in suit No. KWS/32/2009. He originally proceeded against four defendants. The Respondent by an application filed on 10th March 2010 sought an order of the trial Court to be joined as a defendant in the suit to defend the suit for himself and on behalf of all the members of the Masudo family in a representative capacity. Annexed to the affidavit were Exhibits A, B, C, D and E. Exhibit 'C' purported to be the statement of defence and counter-claim. This motion was granted on 14th April 2010. Thus the Respondent joined as the 5th defendant to the suit on 14th April 2010. The Respondent thereafter filed no other pleadings relating to the suit. The appellant as claimant thereafter withdrew against the 1st to 4th defendants. On 10th April 2012 the appellant filed an application brought pursuant to Order 31 Rules 1 and 6 praying the trial Court for leave to withdraw …