ITA G. MBABA, J.C.A, (Delivering the Leading Judgment): The learned trial Judge, S. M. Akanbi J. of Kwara State High Court, Offa Judicial Division, had, on 14/12/2010, refused the application by the Defendants (now Appellants), filed on 21/4/2010, seeking for an order of the trial Court to amend the Defendants' Statement of defence, to incorporate some facts and materials which they (Defendants) claimed to have been inadvertently omitted in the original statement of defence. This appeal is against that Ruling of the learned trial judge.
The main Suit before the lower Court, (Suit No. KWS/OF/14/2010) was initiated by writ of summons, and the claims, as per Statement of Claim, filed by the plaintiff, were:
"(1) A Declaration that the 2nd Defendants purported appointment of the 1st Defendant as the Onikotun of Ijagbo a high Chief and Kingmaker, is contrary to the tradition, native law and custom of Ijagbo and consequently null and void.
(2) A Declaration that it is incompetent for the 2n…