OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the interlocutory ruling of the Kwara State High Court, holden at Ilorin presided over by Ibiwoye, J. delivered on 22/9/97 wherein the court set aside its earlier ruling of 19/7/93 on a motion ex-parte in which the plaintiffs/respondents were granted leave to sue in representative capacity for themselves and on behalf of others. The facts of this case briefly put were as follows:
The Defence Industries Corporation needed land at Jebba in Kwara State and the Government of Kwara State acquired the land for them and they paid a huge compensation to the occupiers of the acquired land for economic trees. The compensation was paid to the 2nd defendant/respondent for onward transmission to the occupiers by the Defence Industries Corporation. It was then the 3rd defendant/respondent rose up and claimed that he was the sole owner of the land acquired and approached the 2nd defendant/respondent to pay all the compensation…