SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The Respondent, as plaintiff instituted this suit at the Abakaliki High Court, Ebonyi State, sometime in 2001 against the 1st, 2nd and 3rd Defendants claiming to be a beneficiary of the estate of one late Beniah Onwuazor and also challenging the sale of a family property to the 1st and 2nd Defendants to the 3rd defendant. On 19/7/2001 the Registrar of Court issued the writ of summons, which was duly served on the respective defendants. Then plaintiff's statement of claim was served on the defendants through the then 3rd defendant (J.A. Nduagubu now late) who was also their counsel. Later on 18/7/2002 this counsel withdrew his legal representation for the defendants whereupon the present counsel took over. When the said J. A. Nduagubu died his name was struck out of the process of court on 29/10/2002. On 29/11/2002, E. Uwakwe Esq. of counsel moved for the amendment of the statement of defence of the then remaining three defen…