OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): The brief background facts of this matter are that, the Respondent herein was the plaintiff at the trial Court. He instituted an action against the 2nd Appellant and the 1st Appellant's deceased mother Princess G. Akenzua as defendants for, declaration of title to a portion of land, special and general damages for trespass. Pleadings were exchanged between the parties and the action went to trial at the end of which judgment was delivered in favour of the Respondent on 14th June, 2006. See pages 80 to 96 of the record of appeal for the said judgment. Subsequently, on 26th October, 2006, the Appellants' counsel filed an application before the trial Court and prayed for the following orders viz:
(1) An order striking out the name of the 1st defendant, Princess G. Akenzua from the suit, she having died on 12th June, 2006 two days before the judgment of the Court was delivered against her, the judgment being a nullity.
(2) An o…