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The 1st to 4th plaintiffs in the clothing are Miss Biodun Ajia, Dr Rukayat Ajia, Hakeem Ajia and Kabiru Ajia, suing on account of themselves and added associates of the backward Alhaji Kazeem Ajia’s family.The 1st to 3rd defendants are Union Coffer Plc, Mr. J. T Bamkefa and Mr. Gerald O. Duru.

In the clothing filed by the backward Alhaji Ajia on September 27, 1990, the plaintiffs are arduous the Bank’s ascendancy to advertise a acreage amid at No 26, Sopeju Street, Shogunle, Ikeja, to the 3rd defendants.The backward Ajia acclimated the acreage as aegis for a accommodation from the coffer on June 20, 1973.Following his absence in affirmation and based on an acceding amid backward Ajia and the Bank, the acreage was awash to Duru, for the coffer to balance its money.

But annoyed with the sale, the backward Ajia filed the clothing at the Ikeja High Cloister and, afterwards his afterlife in the advance of litigation, the plaintiffs affiliated the suit.The clothing was absolved on March 20, 1996, but afterwards a admonition active it in error, it was absolved afresh on September 17, 2004.The plaintiffs appealed, afterward which the Cloister of Appeal, in a November 2016 ruling, ordered that the case be re-heard on its merits.

On July 20, 2017, the plaintiffs filed an appliance gluttonous an adjustment acceding them leave to re-open their case by calling Chief Sunday Omoteosho as an added attestant and addition acceding them leave to book Chief Omoteosho’s account on oath.They additionally approved leave to alter their command of alteration and account of affirmation and added accompanying processes as able-bodied as an adjustment of the cloister acute all parties to accede with Adjustment 3 Rule 2 of the High Cloister of Lagos State Civil Procedure Rules 2012 by bushing all accompanying documents.

Their appliance was accurate by a 16-paragraph affirmation deposed to by Mr. Hakeem Ajia. But the respondents against the application. Admonition to the Coffer and Bamkefa, Mr. Patrick Odozi, deposed to a 20-paragraphs counter-affidavit arduous the plaintiffs’ motion. Odozi argued that the alteration approved to be accomplished by the plaintiffs is aberrant to law practice. “It is bright as a actuality that the plaintiffs alone appetite to annul the active case of a case filed back September 27, 1990.

“It has been the attitude of Hakeem Ajia and his acknowledging admonition at all the stages of this proceeding to abbreviate and annul all our efforts to accompany this case to a ytic conclusion.“The respondents will be abundantly biased by the admission of this aberrant appliance as the coffer has finer recovered the aegis in the mortgage back 1990, and has finer anesthetized blue-blooded to the 3rd acknowledging (Duru)”, Odozi said.

According to him, the plaintiffs’ appliance are not for alteration per se but to re-open a case bankrupt back March 4, 2004 over 15 years ago, to alarm added attestant not advised back birth of the suit.He arguable that balloon in clothing was assured on December 17, 2003 and the cloister had ordered filing of accounting addresses and adjourned for acceptance to March 4, 2004 afore the amount went on appeal, which was not disposed of until September 17, 2014.

He acclaimed that the Cloister of Address in its final adjudication on the address directed that the amount be remitted to the lower cloister for cessation on its merit. Odozi added that the plaintiffs, who had the account of account the addresses of the respondents, were out to re-open their case to acquaint facts, which were never in the aboriginal case filed by them, abacus that the plaintiffs appliance is not in bike with what Adjustment 24 Rules 2 and 3 of the court.

“Where any abundant alteration is appropriate it care to accept taken abode either during Case Management or during balloon and not afterwards aing of case of parties,” he insisted and prayed the cloister to aish the application.Justice Okuwobi in her ruling, appropriately upheld Odozi’s prayer.

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