MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal brought by the defendants against the judgment of Hon. Justice M. A. Agbelusi, J. of the High Court, Ekiti State, holden at Omuo-Ekiti, delivered on 13th December, 2011 in Suit No. HOM/8/2007.
At the trial court, the respondent as plaintiff and in a representative capacity initially instituted the action against the 1st defendant/appellant alone, vide his writ of summons dated 18th July, 2007. Three reliefs were claimed therein. The 1st defendant/appellant's statement of defence and counter-claim was filed on 29th July, 2008, while the plaintiff/respondent's reply thereto was filed on 10th September, 2008. Upon an application dated and filed on 17th February, 2009 and pursuant to an order of the trial court, made on 2nd October, 2009 the 2nd and 3rd defendants/appellants were joined in the suit also in a representative capacity. On 28th July, 2011 the defendants/appellants filed a joint statement …