MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Osun State High Court of Justice, sitting at Ede Judicial Division, presided over by Honourable 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 straight forward; 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: HED/16/14
BETWEEN
MR. SHERIFF MEMUDU OLUBODE (for himself and on behalf of other children of late Memudi Akanmu Olubode) excluding Mrs. Sakirat Akinsola (nee Emudu Olubode)
AND
1. AYOTIDE GLOBAL INVESTMENT LTD
2. MR. ISAAC AKINSOLA AKANNI
3. MRS. SAKIRAT AKINSOLA (NEE MEMUDU OLUBODE)
4. NIYI AKINSOLA, ESQ. (of the law firm…