OMODELE ASHABI EYA & 2 ORS. V. ALHAJI BELLO QUDUS & ANOR.

ONALAJA, JCA (Delivering the Leading Judgment): The plaintiffs now referred to in this judgment as appellants commenced an action at Abeokuta High Court Judicial Division of Ogun State High Court with the issuance of a writ of summons against the defendants henceforth called in this judgment the respondents. After service of the writ of summons on respondents, pleadings were filed, exchanged and delivered. Following the decisions of J. O. Lahan v. Chief Lajoyetan (1972) 6 SC 190; Ogun v. Akinyelu (1999) 10 NWLR (Pt. 624) 671CA, Ndigwe v. Nwude (1999) 11 NWLR (Pt. 262) 314 SC, Onyero v. Nwadike (1996) 9 NWLR (Pt. 471) 231 CA, Opigo vs. Yukwe (1997) 6 NWLR (Pt. 509) page 428 CA, West African Automobile Engineering Co. Ltd. [WAAE] v. Akinsete (1999) 13 NWLR (Pt. 636) 600 CA that the claims set out in the statement of claim supersede the particulars of claims in the writ of summons, makes the claims against the respondents to be as pleaded in paragraph 31 of the statement of claim as unde…