ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs issued a writ against four defendants individually whilst plaintiffs sued for themselves and on behalf of Orukotan family there by in a representative capacity at the High Court of Oyo State holden at Oyo High Court in Oyo Judicial Division of Oyo State. The writs were served on the four defendants personally and individually. After services on defendants pleadings were filed, delivered, exchanged and amended with the result that the trial was concluded on amended pleadings. In the process of exchange of pleadings, the four defendants retained joint legal representation and applied High Court of Oyo State Civil Procedure rules to set up a counter-claim against the plaintiffs.
The amended pleadings are simply referred to as statement of claim, to be found at pages 10 to 13 of the record of appeal. The statement of defence and counter claim are at pages 14 to 17 of the record of appeal whilst the reply to the statement of…