DANJUMA JCA: (Delivering the Lead Judgment): This is an appeal against the ruling of the Osun State High Court of Justice sitting at Ede Judicial Division, presided over byHonourable Justice A. O. Oyebi, wherein the appellant/plaintiff’s suit was struck out on the application of the defendant that the plaintiff/appellant lacked the capacity to commence, maintain and prosecute the action as filed.
The ruling forming the subject of this appeal is short and straightforward; I shall refer to same for ease of appreciation. But before then, what was the originating process like? It is as contained at page 1 of the record of appeal and couched thus: “Suit No.:HED/16/14
BETWEEN:
MR. SHERIFF MEMUDU OLUBODE
(for himself and on behalf of other children of late Memudu Akanmu Olude) excluding Mrs. Sakirat Akinsola (Nee Memudu Olude)
AND
AYOTIDE GLOBAL INVESTMENT LTD
MR. ISAAC AKINSOLA AKANNI
MRS. SAKIRAT AKINSOLA (NEE MEMUDU
OLUBODE ) NIYI AKINSOLA ESQ., (of the law firm of Niyi Akinsola and Co.)
Th…