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ACHIKE, J.C.A. (Delivering the Leading Judgment): The original suit for declaration of title to land etc. was between the plaintiffs, (not parties to this appeal), and the 1st defendant/respondent. The 1st defendant/respondent' s statement of defence contained a counter-claim against the plaintiffs wherein he claimed an extensive area of land greater than the one plaintiffs laid claim to which, in fact, affected the interest of the appellant who successfully sought to be joined as a co-defendant, to contest the 1st defendant's counter-claim. Co-defendant/appellant, having been joined, also filed his pleadings. The joinder was ordered by Ubaezonu J, as he then was. The three parties thereafter exchanged pleadings and the suit was set down for hearing.
The second stage commences with the application of 1st defendant/respondent in this appeal praying the court that co-defendant/appellant be made in the above suit a plaintiff or in the alternative a defendant in a different or separate su…