ADEKUNLE ASOLO & ORS V. ALHAJI ADEYEMI ASOLO & ORS

MUKHTAR, J.C.A. (Delivering the Lead Ruling): An application for the amendment of the Writ of summons taken in the lower Court was moved by Counsel for the appellants in this appeal. The following relief is one of the reliefs sought in the Writ:

1. Declaration that the deed of Assignment dated 7th June, 1972 and registered as No. 12, at page 12 in volume 1632 kept in the register of deeds at Lands Registry, Ibadan made between the plaintiffs and the defendants in respect of the property situate and lying at No. 89/91 Lebanon Street, Gbagi, Ibadan Oyo State is null and void and of no effect whatsoever.

In its place the applicant has sought the following substitution:

(a) A declaration that the 3rd defendant is in breach of the contract between the Asolo family and himself for the sale of the reversionary interest in the Asolo family's property situate at No. 89/91 Lebanon Street, Gbagi, Ibadan, Oyo State.

And then an addition of the following:-

(a) A declaration that the 3rd defendant…