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OGUNDARE, J.S.C. (Delivering the Leading Ruling): Following the death on 21st October, 2000 of Joseph Adebayo Osagunna, the plaintiff/appellant, the applicants herein brought this application praying this Court for an order that the applicants be substituted for the named appellant now dead, to prosecute this appeal for themselves and on behalf of the other members of the Amilede Descendants/branch of the Onidasa Ruling House of Ipoti Ekiti. The application is supported by an affidavit sworn to by one Adefemi Olowolaiyemo, the penultimate paragraphs of which read as follows:
"1. That I am a member of the Amilede Descendants/branch of the Onidasa Ruling House of Ipoti Ekiti and have the authority of the family to swear to this affidavit.
3. That I know that the appellant however died in Abeokuta Ogun State on the 21st of October, 2000 and was buried on the 8th of December, 2000 in Ipoti Ekiti. A copy of the appellant's Death Certificate is now produced and shown to me marked Exhibit 'A…