AMAIZU, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Omage J. (as he then was), of the Edo State High Court, sitting in Benin Judicial Division. The ruling was delivered on the 2nd of April, 1996. The ruling was sequel to a motion on notice praying the court for:-
“(1) An order of this Honourable Court substituting a new plaintiff i.e. Chief Emakpor Ajise (suing for himself and as attorney to Arutode Emakpor Ajise) for Arutode Emakpor Ajise, as plaintiff herein.
(2) An order directing that consequent upon the grant of the order sought in paragraph 1 above, that title of this suit be changed to reflect the plaintiff herein as “Chief Emakpor Ajise (suing for himself and as attorney to Arutode Emakpor Ajise)”
(3) An order granting leave to the plaintiff to amend the writ of summons and statement of claim herein.
(4) An order deeming the amended writ of summons and amended statement of claim filed as exhibits CAA1 and CAA2 herein and served …