ALHAJI SURAJU ADEBOLA ELIAS & ANOR V. ZAINAB YEWALE ELIAS & ORS

AYOOLA, JCA (Delivering the Leading Judgment): This is an appeal from an interlocutory decision of the High Court of Lagos State (Ope-Agbe, J.) whereby he amended the title of a motion by which an application was made by the two applicants therein to amend proceedings in a suit pending before him, and proceeded to grant leave to amend the writ of summons and statement of claim in the suit.

Zainab Yewale Elias (Zainab) by her next friend Alhaja Mariam Elias (her mother) commenced an action by a writ of summons issued on 29th July, 1991 against three persons namely Dr. T. O. Elias (acting by his Attorney), Alhaji Adebola Olakunle, and Raheem Adebola Olakunle, all sued as Administrators of the Estate of Alhaji A. W. Elias (deceased) claiming a declaraton and several reliefs the details of which are not material to the issues on this appeal, but all pertaining, it would appear, to the administration of the Estate of Alhaji A. W. Elias. In October, 1992, Counsel then acting on behalf of tw…