OGWUEGBU, J.C.A. (Delivering the Leading Ruling): This is a motion brought by the applicants praying this court for:
"An order of Court allowing Mrs. Ekundayo Monilola Aluko and Mr. Oladapo Akinola Aluko to be substituted for Late Professor Olajide Aluko the original appellant in this case who died on 5thMarch, 1991 while this appeal is pending."
The application is brought under O.1, rr.20 (1) and 22 of the Court of Appeal Rules, 1981, S.222 (a) of the Constitution of the Federal Republic of Nigeria, 1979 as amended and the inherent jurisdiction of the court. It is supported by an affidavit of eighteen paragraphs.
The contents of the affidavit which was deposed to by the first applicant (thewidow of Late Professor Olajide Aluko) can be summarised as follows:-
Both applicants are the widow and eldest son of Late Professor Olajide Aluko who died at the University College Hospital, Ibadan on 5th March, 91. He was the original appellant in this case. He died while the appeal was pending and …