PAUL O. ELECHI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the Ruling of the Ekiti State High Court delivered on the 7th day of December 2015 by His Lordship. Hon. Justice E.B. Omotoso joining the Respondent as a party to this suit.
Being dissatisfied with the said ruling, the appellant filed a notice of Appeal against same on the 23rd March, 2016.
FACTS OF THE APPEAL
The Appellant instituted this suit by way of an originating summons for possession in suit No: HAD/18/2015 filed on the 17th August 2015 against one Samuel Umoru who died some times in year 2006. Consequent upon the death of the said Samuel Umoru, the Respondent as the family head brought an ex parte application for joinder in the suit since defendant named in the suit is late and this is to the knowledge of the Appellant on record.
On the ex parte application, the lower Court on his own wisdom, ordered that the other party be served with the ex parte application to enable the Court hear from both parti…