ODUWOLE & ORS
V.
LSDPC
·
Oduwole v. L.S.D.P.C. (2004) 9 NWLR (Pt. 878) 382
ONALAJA, J.C.A. (Delivering the Leading Judgment): Owing to the old age of this case with the appeal filed a decade ago, the original plaintiff and defendant had since died leading to the parties named as appellants and respondents, respectively as substituted parties with the leave of this court. The claims of the original plaintiff now appellants against original defendant now respondents following the acceptable, now elementary principle of law, that as parties are bound by their pleadings the claims set out in the statement of claim supersede the claims in the writ of summons as so decided in the cases of Lahan v. Lajoyetan (1972) SC 190, (1972) 1 All NLR (Pt. 2) page 217; Bamgbegbin v. Oriare (2001) 5 NWLR (Pt. 707) page 628 CA; Oyewole v. Lasisi (2000) 14 NWLR (Pt. 687) page 342 CA; Oyebadejo v. Olaniyi (2000) 5 NWLR (Pt. 657) page 485 CA; Kaigama v. A.-G., Borno State (2001) 16 NWLR (Pt. 738) page 94 CA; Eya v. Qudus (2001) 15 NWLR (Pt. 737) page 587 CA. The appellant's claims …