OYEDIRAN
V.
ADEGBITE

TSAMMANI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Oyo State High Court, Ibadan Judicial Division, delivered by F. I. Oyelaran, J. on 21 July 2008. Theappellants wereplaintiffs at the court below, while the respondents were the defendants. The appellants as plaintiffs initiated the action by a writ of summons dated 25 March 2004. Astatement of claim was duly filed together with the writ of summons on the same date. However, in the course of the proceedings, the original 2nd defendant, Chief Oladejo Akangbe died and the appellants were granted leave to substitute him with his son, Wahab Oladejo Akangbe, who is now the 2nd appellant in this appeal. Consequently, an amended statement of claim was filed on 25 February 2005, to which the respondents filed a statement of defence on 13 June 2005. The appellants therefore filed a reply to the statement of defence on 18 October 2005. However, the appellants filed a further amended statement of claim and pl…