CHINWE E. IYIZOBA, JCA (DELIVERING THE LEAD JUDGMENT): This is an appeal against the Ruling of Akinteye J. of the High Court of Oyo State, Ibadan Judicial Division in Suit No I/76/2005 delivered on the 24th of day of April 2012 dismissing the application of the Appellants dated 11/02/11 in which they had prayed the Court to strike out the Amended Statement of Defence of the 1st Respondent.
The Appellants as Plaintiffs at the Court below instituted this suit against the Defendants now Respondents claiming as follows:
(i) Declaration that the forcible ejection of the Plaintiffs from the Mammy Market, Iwo Road, Ibadan by the defendants on February 23rd, 2005 without service of personal notice on them to quit the Mammy Market, Iwo Road, Ibadan and the destruction of their shops by the defendants with Caterpillar is illegal, unlawful and contrary to the terms and conditions in the allocation papers that were given to the Plaintiffs by the 1st defendant that the Plaintiffs are entitled to thr…