Alhaja Awawu Iyawo Ishola Olokun & Anor V. Alhaji Isiaka Yahaya Aiyelabegan (2002)

LawGlobal-Hub Lead Judgment Report

AMAIZU, J.C.A.

This is an appeal against the ruling of Justice Adebara of the Kwara State High Court, sitting at the Ilorin Division of the court. The ruling was delivered on 27th day of March, 2001. This was sequel to a motion on notice praying the court for-

1. An order extending the time within which the plaintiff is to file his statement of claim attached herewith & marked ex. A.
2. An order deeming the attached statement of claim marked Exhibit ‘A’ as properly filed, served, proper fees having been paid in relation thereto.
3. An order granting leave to the plaintiff to amend the indorsement on the writ of summons & motion on notice vis-a-vis the names of the defendants in the manner as follows – By the addition of the word also known as Alhaja Ajobi Kadir and also known as Raheem Alao respectively to the names of the 1st and 2nd defendants & in the manner as contained in Ex. B herewith attached.

4 . …

Briefly, the facts which led to this appeal so far as they are material to the questions which call for our determination are ” the plaintiff now the respondent sued the defendants now the appellants claiming some reliefs. The parties in the writ were described as follows:

Alhaji Isiaka Yahaya Aiyelabegan )…….. plaintiff

v.

1. Alhaja Awawu Iyawo Ishola Olokun
2. Mr Raimi Omomeji )……………….. defendants

The respondent later brought an application for an injunction against the appellants. The application was supported by an affidavit.

In their reaction to the application, the appellants filed a counter affidavit. The relevant averments in the counter affidavit are as follows –

1. That I was sued as Raimi Omomenyi in this case by the plaintiff.
2. That my names are Raheem Alao and not Raimi Omomeji
3. That I took the service of the court processes because of the respect I have for this honourable court.
4. That in my presence at the police station, i.e. at ‘A’ division Ilorin, my sister – Alhaja Ajobi Kadir who is sued as Awawu Iyawo Ishola Olokun denied vehemently that she did not at no time,sign any agreement of sale of any piece or parcel of land to the plaintiff/applicant.

The counter affidavit was served on the respondent. He then brought the aforementioned motion for leave to amend the indorsement on the writ of summons etc.

In the affidavit in support of the motion the respondent averred inter alia as follows:-

(3) That it was only on the last adjourned date, i.e. 30th June, 2000 when the respondents through their counsel served on my counsel their counter affidavit vide paragraphs 2 and 12 that the respondents now claimed to be known as Raheem Alao and Alhaja Ajobi Kadri respectively.

(4) That my counsel accordingly advised me that considering paragraph 3 supra, that there will be the need to amend the writ of summons to reflect the proper names of the parties.

The lower court heard argument on the motion. In a considered ruling, the learned trial judge granted the motion on notice for the respondent to amend his writ of summons to read-

Alhaja Awawu Iyawo Ishola Olokun (also known as Alhaja Ajobi Kadili & Mr. Raimi Omomeji (also known as Raheem Alao