ONALAJA, J.C.A. (Delivering the Lead Ruling): The Plaintiff now Respondent in this ruling issued a writ of summons in Ile-Ife Judicial Division now Osun State High Court sometimes in June, 1988 against the Defendants now Applicants in this ruling with the writ endorsed for declaratory reliefs, damages for trespass to land, goods and conversion.
After service on defendants/Applicants pleadings were filed, delivered and exchanged but the case suffered vicissitude of being lost and found due to the imbroglio between Ife and Modakeke which also resulted in the vandalisation of Ile-Ife High Court. After much efforts Respondent retrieved the file and resuscitated same in High Court Registry with relisting of the case which was struck out by the Court. In granting the application to relist on 2nd December, 1996 by the Respondent the application was granted without objection of the Applicants.
After relisting the case Respondent brought an application to amend the statement of claim with a d…