MICHAEL OLADIPO LABATI V. OWOEYE FAROMIPIN & ANOR

CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Justice B.O. Babalola of Osun State High Court, sitting at the Ilesa Division of the court. The ruling was delivered on the 27th day of April, 1999. This was sequel to a motion on notice praying the court for an order:-

(a) "Extending the time within which the plaintiff may file a reply to the 2nd defendant's statement of Defence and to deem as properly filed the Reply to the statement of Defence filed along with this motion.

(b)To set down the case for hearing and for giving judgment against the 1st defendant in terms of the plaintiff writ of summons and statement of claim for the failure of the 1st defendant to file a defence to the claim."

Briefly the facts that led to this appeal so far as they are material to the questions which call for determination are: - The plaintiff now appellant sued the 1st defendant and the 2nd defendant, now respondent claiming some reliefs. The appellan…