AJALA & ORS
V.
ALADEJANA & ANOR
FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal is against the Ruling of the High Court of Ekiti State, in the Ido-Ekiti Judicial Division delivered, on the 22nd day of April, 2013 by Hon. Justice Adewale Kayode Fowe.
STATEMENT OF RELEVANT FACTS
The Appellants commenced Suit No: HID/10/2009 in the High Court of Ekiti State, Holden at Ido-Ekiti.
On the 18th day of February, 2013, the Appellants by a motion sought to withdraw their claim in its entirety before the lower Court, which application was granted without objection and the claims of the Appellants as Claimants was struck out.
The Respondents had a Counter-Claim and same was adjourned for hearing on the 14th of March, 2013.
On the 14th day March, 2013 the Appellants brought an application seeking the leave of Court to file witness Statements on Oath, List of Witnesses and List of Exhibits.
The application, which was opposed by the Respondents was dismissed as the Appellant did not provide mat…