MORONKEJI OMOTAYO ONALAJA, JCA (Delivering the Leading Judgment): The plaintiffs originally instituted the action at Oshogbo High Court in a representative capacity for themselves and other members of Gbena Family of Ofatedo. In the course of trial, pleadings filed, delivered and exchanged were amended by both parties several times. After the closure of trial with the case adjourned for addresses of learned counsel to the parties, the plaintiffs brought an application to further amend the plaintiffs' amended statement of claim and the survey plan of the land in dispute admitted as Exhibit A by deleting the words Gbena Family of Ofatebo from the writ of summons, and the amended statement of claim with the words "Eeso's Family of Ofatedo" as recorded at page 33 lines 11 to 16 of the record of appeal. The defendant through his learned counsel opposed the further amendment at the stage of proceedings. The learned trial Judge gave his ruling as follows:
"Court ruling in this application wil…