A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): This suit was commenced in the Warri High Court by originating summons in which the Itsekiri Communal Land Trustees (as plaintiffs) have brought the people of the Ugborodo and Ogidigben to court to determine who are entitled to a certain sum of money which had been ordered to be deposited in court in another suit then pending in the Warri High Court.
On the face of the summons, one Dick Olueh (1st defendant), Ojogbo Erugbokuo (2nd defendant), Amorighoye Okpe (3rd defendant), and Tsuku Ejuetami (4th defendant) were shown as representing the people of Ugborodo and Ogidigben. Pleadings were ordered on 9th June, 1969. Before these were filed, however, the plaintiffs made two applications to the court, one for extension of time within which to file their statement of claim, the other that one Babine Ereku (now 2nd respondent), Olleh Akpienyi (now 3rd respondent) and Aniretoronwa Okotie-Uro (now 4th respondent) be substituted for …