SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The only point raised and argued and for a decision in this appeal is one of practice and procedure. It is important. It concerns the exercise of discretion by a Judge of the High Court under Order XLIV rule 1 of the old Supreme Court (Civil Procedure) Rules, Cap. 211 of the Laws of Nigeria, 1948, and therefore involves the construction and application of the said Rule.
As endorsed on their writ of summons dated 12th January, 1971, the appellants, as plaintiffs, in Suit No.LD/27/71 in the High Court of Lagos State originally claimed against the 1st respondent as the only defendant then, the following:-
"Particulars of Claim:
"(a) A declaration that on a proper construction the relevant clauses of the Will of Charles Americo Rodrigues (Deceased) the defendant is not entitled to be registered as registered freehold proprietor of Nos. 81, 83, 85, 87 and 89, Lewis Street, Lagos in the Register of Titles.
(b) Rectification of the Reg…