ISAIAH OLUFEMI AKEJU, JCA (Delivering the Leading Judgment): The appellants were the claimants in suit No. KWS/165/2005 at the High Court of Kwara State, Ilorin Division. They filed their writ of summons on 28/9/2005 in commencement of the suit while the statement of claim dated 25/10/2005 was filed with the motion filed on 1/11/05 for extension of time and leave to file the statement of claim with other processes. Pleadings were duly filed and exchanged and after the conclusion of trial the learned trial judge adjourned for judgment; but before the delivery of the judgment, the 2nd and 3rd defendants (now respondents) filed a motion on notice on 26/7/13 for the following prayers:
"i. AN ORDER of the Honourable Court granting leave to the 2nd and 3rd Defendants/Applicants to bring the present application which is to challenge the competence of this suit and the jurisdiction of the honourable court to entertain same.
ii AN ORDER of this Honourable court striking out the writ of summons…