I. F. OGBUAGU, J.S.C.: (Delivering the leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Ibadan Division (hereinafter called "the court below") delivered on 25th January, 2001 allowing the appeal of the Respondent and setting aside the judgment of the High Court of Osun State sitting at Osogbo Judicial Division (stated in the Appellant's Brief as "decision") per Falade, J. delivered on 16th May, 1995.
Dissatisfied with the said Judgment, the Appellants have appealed to this Court on eleven (11) grounds of appeal. They formulated four (4) issues for determination, namely,
"3.01 Whether the death of the only Respondent to the appeal before the lower court on 23/10/1999 and failure to substitute a living person in his place did not deprive the lower court the jurisdiction to entertain the appeal pending before it and thereby render the judgment delivered on 25/1/01 a nullity.
Ground 1.
3.02 Whether the action filed and the appeal prosecuted by the Respond…