IRENUMA ODIASE & ORS VS VINCENT AGHO & ANOR
July 22, 2025NWACHUKWU VS THE STATE
July 22, 2025Legalpedia Citation: (1986-04) Legalpedia 85987 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Apr 25, 1986
Suit Number: SC 16/1985
CORAM
ESO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
COKER, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
MOSUNMOLA IYABOLA FADAYOMI
APPELLANTS
OLUDOLAPO OMONIYI SADIPE
RESPONDENTS
AREA(S) OF LAW
WILL – PROBATE
SUMMARY OF FACTS
The appellant instituted an action to obtain probate of the will of Chief Michael Modupe Sadipe. The defendant, however, filed a caveat against the issue of probate.
HELD
The court dismissed the appeal.
ISSUES
Not Available
RATIONES DECIDENDI
PRINCIPLE APPLICABLE TO CO-PLAINTIFFS
“A person may not be joined as a plaintiff without his consent. There must be no conflict between plaintiffs, they must not sever or take inconsistent steps, nor can one co-plaintiff make an application in the action independently of the other. Co- plaintiffs must act and appear at the trial by the same counsel and if separately employed by the co-plaintiff must act together. But once a person has joined in an action as co-plaintiff he has no absolute right to withdraw from the action and have his name struck out if he is a necessary party to the action. Coker, JSC.
CASES CITED
1. Re Mathews Oates v. Mooney (1905) 2 Ch.460
STATUTES REFERRED TO
Not Available
