ADZIRA GANA MSHELIA, J.C.A (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Oyo State delivered by Bolaji-Yusuff J. on the 18th day of December,2001 refusing the application for amendment of pleading brought by the Appellants herein as Defendants/counter-claimants at the lower court.
The respondents who were plaintiff in the lower court commenced an action against the Defendants/Appellants seeking reliefs:
(1) Declaration that the plaintiffs and other members of Idowu Akinbiyi family of NW1/68A Agbeni, Ibadan are the joint owners of the land/house containing rooms and shops situate, lying and being at NW1/68A Agbeni, Ibadan to the exclusion of the Defendants and other members of Aribiyan Olupiya family compound, Oke-Eleta Ibadan.
(2) Injunction restraining the Defendants and all other members of Aribiyan: Olupiya family, their servant, agents and privies from claiming any rights over the said land/House containing rooms and sh…