MRS. TITILAYO SHODEINDE & ANOR. V. OLAJIDE LAWAL

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Ruling of Coker J. who refused to set aside the judgment of Ishola J. delivered on 18/7/2007 in Suit No.ID/540/93. The application to set aside the judgment is dated 22/10/2007 (see pages 211 - 212 of the records).

According to the appellant, the claimant (now respondent in the appeal) sued Mr. Gabriel Omotoye Okunzua for recovery of his professional fees. The said Gabriel Omotoye Okunzua died intestate on the 4/9/2006 before judgment was delivered. On 7/12/2006 the claimant filed a motion on notice dated 6/12/2006 praying:-

"for an order to join Mrs. Titilayo Shodeinde and Mr. O. B. Ogundelu in this action to substitute for Gabriel O. Okunzua - the former defendant herein (now deceased)."

With the death of Gabriel Omotoye Okunzua, his counsel Mr. A. O. Abraham of A. O. Abegunde and Co. was noted by the claimant's counsel to have withdrawn active legal representation in the suit. On 11/12/2005 th…