AKAAHS, JCA (Delivering the Lead Judgment): By a motion dated 19th day of August, 1996, Mrs. Alice Olotu, the intervener/applicant prayed the court for:- “A. An Order to join the intervener/applicant of No. 10, Ediendo Lane off Upper Sakponba Road, Benin City as co-defendant or 2nd defendant in this Suit No. B/161/96 who is or ought to be or also the beneficiary of the fruit of this suit as per Annexures “A” and “B” attached to this motion.
B. An Order directing the plaintiff/respondent and/or defendant/ respondent to service (sic) on the intervener/applicant all necessary court processes so far filed or to be filed in this case”. The application was stoutly opposed by Patience Ajayi, the plaintiff who had instituted an action in Suit No. B/161/96 against Bright Joseph Igbinoghene, claiming forfeiture of a piece of land measuring 0.3744 hectares situated at Ward 23/L, Ugbowo and covered by Certificate of Occupancy No. BDSR 2547 for his failure to pay back the sum of N650,000.00 which…