G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellant was the defendant in an action in the High Court, Lagos, where the writ was endorsed as follows with regard to both the titles of the parties and the claims on the writ:
"1. MICHAEL G.D. ARUWAJI )
2. H.O. THOMAS ) PLAINTIFFS
Administrators of the Estate )
of JOSEPH ASABORO, deceased
AND
COMFORT ASABORO )
Administratrix of the estate ) DEFENDANT
of JOSEPH ASABORO, decease )
The plaintiffs' claim is for an order directing the defendant to execute before the Probate Registrar High Court Lagos the application for resealing the Letters of Administration of the estate of JOSEPH ASABORO, deceased.
ALTERNATIVELY, the plaintiffs' claim is for an order removing the defendant as Administratrix of the said estate and directing the Probate Registrar Lagos to re-seal the said Letters of Administration in favour of the plaintiffs."
The writ was at no time during the trial amended and the statement of claim filed by the p…