HUSSEIN MUKHTAR, J.C.A (Delivered the Leading Judgment) This is an interlocutory appeal against the ruling of High Court of Lagos State delivered on the 30th October 2001. The appeal as per the amended notice of appeal dated and filed 13th December 2001 is premised on the following six grounds:
(1) The learned trial judge erred in law when he ordered that the case of the 3rd plaintiff be stayed.
Particulars of Error
a) The plaintiffs' application dated 1st June 2001 did not contain any prayer for stay in respect of the 3rd plaintiffs case in particular or entire suit in general.
b) The plaintiffs' application was incompetent having been brought by the plaintiffs including the 3rd plaintiff who had no capacity to make the application.
c) In this premise, the court ought to have dismissed or struck out the 3rd plaintiffs name as a party to the suit.
(2) The learned trial Judge erred in law in holding that the plaintiffs are all children of Dr. Clarkson Majomi deceased when the defendant…