AMAIZU, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Justice Folayan of the Kwara State High Court, sitting at the Ilorin Division of the court. The ruling was delivered on the 20th June, 2000. This was sequel to a motion on notice filed by the defendant praying the court for - “(1) An order setting aside or discharging the ex parte order given on 12th January, 2000 against the applicants.
An order striking out the name of the 1st defendant/applicant.
An order striking out the entire suit for lack of jurisdiction.
An order dismissing the suit for being statute-barred.
And for such further order(s) as the court may deem fit to make in the circumstance.”
Briefly, the facts which led to this appeal so far as they are material to the questions which call for determination are -
The plaintiffs now appellants sued the defendants - now the respondents claiming some reliefs. Before the suit was fixed for hearing, the appellants brought an ex parte motion praying…