ONALAJA, JCA (Delivering the Lead Judgment): The plaintiffs, now appellants, in this judgment on appeal in this court commenced an action in a representative capacity for themselves and on behalf of Kotolori Family at Ijebu Igbo, Ijebu-Igbo Judicial Division of Ogun State High Court by writ of summons against the def endants, now respondents, in a representative capacity for themselves and on behalf of Iwata Family of Japara, Ijebu-Igbo. After service of the writ of summons, which was duly endorsed, pleadings were exchanged, filed, delivered and amended. The amendments were (sic) galore, it was during one of the amendments that respondents during trial amended their statement of defence, wherein theyset up a counter-claim.
Following the acceptable, now regarded as elementary is the rule in our civil jurisprudence and civil process as decided and laid down in the following cases: Udechukwu v. Okwuka (1956) SCNLR 189; Chief J. O. Lahan v. Chief Lajoyetan and Ors. (1972) 6 SC 190;…