RITA NOSAKHARE PEMU, J.C.A. (Delivering the Lead Ruling): By motion on notice dated on the 4th of March 2013, the Applicant seek the following Order of Court viz:
(i) AN ORDER praying the Honourable Court to substitute the Appellant, Madam Wosilatu Ologundudu Pearse (deceased) with Mr. Kayode Alade Folawiyo (the Applicant) her son for an on behalf of the estate of the deceased.
(ii) AN ORDER granting leave to amend the processes filed to relist the appeal earlier filed in this matter pursuant to the leave being granted for substitution.
The grounds upon which the application is predicated are that
1. The Appellant in this appeal is dead
2. The Appeal is not a personal action but it involves inheritance under Yoruba native law and custom
3. The cause of action (appeal) is survives Madam Wosilatu Ologundudu Pearse, the Appellant.
4. Mr. Kayode Alade Folawiyo being the only male child of the deceased (Appellant) wants to be substituted for the Appellant because the cause of action surviv…