MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Lead Ruling): The Appellant (Applicants) herein by their motion on notice dated the 4th day of May, 2017 have prayed this Court for the following orders:
1. Leave/or order of Court substituting applicants herein namely (1) Adebanji Jegede and (2) Mrs. Deborah Jegede, the Dawodu and widow respectively of Chief Adebayo Jegede for Appellant, Chief Adebayo Jegede (deceased) in this Appeal.
2. An order of this Honourable Court setting aside the order of Court made on 28th May, 2015 striking out the Appeal in this matter and also that order which was made on 18th May, 2016 dismissing the Appeal.
The Application which is predicated upon 7 Grounds identified as "a" to "g" is supported by a 15 paragraphed affidavit deposed to by Adebanji Jegede, a businessman of No. 119 Araromi Street, Akure and the 1st Applicant (Dawodu of the intestate estate of Chief Adebayo Jegede the deceased Appellant) herein.
There are attached to the motion, 3 annextures, t…