ONU, J.S.C. (Delivering the Leading Ruling): By way of a motion on notice dated 19th July and filed on 27th July, 2005 the 1st respondent/applicant prayed this court for the following reliefs:
"An order that Chief Gafaru Arowolo be substituted as appellant in this suit for and on behalf of the Olaforikanre Ruling House of Itele in place of Alhaji Jimoh Arowolo now deceased.
And for such further and other order as the court may deem fit to make."
On 19th June, 2006 when the motion came before this court for argument, learned counsel for the applicant, Professor A. B. Kasunmu, S.A.N. moved in terms of his motion which he submitted was brought pursuant to Order 8 rule 9(2) of the Supreme Court Rules which provides:
"If it is necessary to add or substitute a new party for the deceased, an application shall, subject to the provisions of rule 11 of this Order, be made in that behalf to the court below or to the court either by any existing party to the appeal or by any person who wishes to…