OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This is an appeal against the decision of Oke Lawal J. of the High Court of Lagos State, delivered on 23 July 2013, in a cross-action with suit No.
ID/2321/94, between Daniel Tayar Trans Ent. Co. (Nig) Ltd. v. Busari and Ors.
A summary of facts leading to this appeal is that the main suit ID/ 2323/94 between Busari v. Daniel Tayar Ent. Co (Nig) Ltd ., was determined on appeal by the Supreme Court on 14 January 2011 with judgment given in favour of the respondent, with the court granting an order directing the respondent to prove its counterclaim before the trialcourt.
Consequently, the suit was remitted to the trial court whereupon the court was informed of the judgment of the Supreme Court. Meanwhile, the appellants were not served with the originating process in respect of the cross-action/counterclaim. The trial court was informed of this development but the court set down the suit for trial without directing that the amended…