JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of High Court of Ogun State sitting at Abeokuta, delivered in Suit No. AB/90/2008 by Hon. Justice A.A. Akinyemi on 15th April, 2013.
Not satisfied with the ruling the appellants who were Claimants/Respondents at the lower court filed an appeal to this court on 12/7/2013. They later sought and obtained leave of this court to amend the notice of appeal. The amended Notice of appeal which contains six (6) grounds of appeal was filed on 15/5/2014 and deemed properly filed and served on 10/2/2015.
The disputation leading to this appeal can he summarized thusly:
The appellants as claimants at the lower court took out a writ of summons on 13/3/2008. On the writ of summons was endorsed the following claims against the defendants who are Respondents in this appeal. Mercy Group Hospital, the 8th defendant at the lower court opted for out of court settlement with the claimants and is therefore not one …