OLADEJO OYEDIRAN & ORS V. ABIDEEN ADEGBITE & ORS

HARUNA SIMON TSAMMANI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Oyo State High Court, Ibadan Judicial Division, delivered by F.I. Oyelaran, J on 21st day of July, 2008.

The Appellants were Plaintiffs at the court below, while the Respondents were the Defendants. The Appellants as Plaintiffs initiated the action by a Writ of Summons dated the 25th day of March, 2004. A Statement of Claim was duly filed together with the Writ of Summons on the same date. However in the course of the proceedings, the original 2nd Defendant, Chief Oladejo Akangbe died and the Appellants were granted leave to substitute him with his son, Wahab Oladejo Akangbe, who is now the 2nd Appe|lant in this appeal. Consequently, an Amended Statement of Claim was filed on the 25/2/2005, to which the Respondents filed a Statement of Defence on the 13/6/2005. The Appellants therefore filed a Reply to the Statement of Defence on the 18/10/2005. However, the Appellants filed a F…