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NNAEMEKA-AGU, J.C.A. (Delivering the Lead Judgment): This is an appeal against ail interlocutory ruling by an Ikeja High Court presided over by Balogun, J., on the 8th day of June, 1985.
The plaintiffs had brought an action against the defendants claiming the following relief:
"The Plaintiffs' claim against the defendants is for an order for recovery of possession of all that piece or parcel of land situate on the Lagos/Ikorodu Road and more accurately described in plan No. SEU/W/696 and marked Exhibit K in Suit No. IK/5/67 or (in the alternative) an order for the ejectment of the defendants from the aforesaid property."
It is not clear from the materials before us whether or not the writ of summons had been served on the defendants. However, by a motion ex parte the plaintiffs applied to the court for (i) leave to bring the action for themselves and on behalf of the Onikoro Family of Agboyi and (ii) authority for the defendants to defend the action for themselves and on behalf of or for…