EJINDU V OBI
July 4, 2025NWOKAFOR EJINDU & ORS VS OFOJAMA OBI & ORS
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 14815
In the Supreme Court of Nigeria
Fri Jan 24, 1997
Suit Number: SC. 128/1994.
CORAM
D. MUSDAPHER JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
NASIR, JUSTICE COURT OF APPEAL
SAMSON ODEMWIGIE UWAIFO, JUSTICE, SUPREME COURT
PARTIES
OBILASO ANABARONYE CHIEF OBIJIMBA MBAGIDEBOGU EDWARD ANABARONYE OKWUCHUKWU NWANDA(For themselves and as representing Umundebunwa Family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs/Respondents sued the defendants/appellant for a statutory right of occupancy over a parcel of land. Judgment was given in favour of the plaintiffs. The defendants appealed. ?
HELD
The court held that the appeal lacks merit and it is accordingly dismissed with cost in favour of the respondent.
ISSUES
Whether the judgment in favour of the respondent could be sustained.
RATIONES DECIDENDI
NECESSARY PARTY-WHO IS
“A necessary party to a case is a person whose presence is necessary for the effectual and complete adjudication of the questions involved in the case or matter per ADIO J. S. C
HOW TO CHALLENGE AUTHORITY TO BRING REPRESENTATIVE ACTION
“The authority of a person to bring a representative action can be challenged by way of preliminary objection on motion and not by way of defence per ADIO J. S. C
CASES CITED
(1) Olajebu of ijebu Vs.Ozo (1972) 5SC 143(2) Ogbeide Vs. Uyieben(1976)12 SC II(3) Okolo Vs.Uzoha (1978) 4SC 77(4) Fashanu Vs. Adekoya (1974) 1 AII NLR Part 1 35(5) Etta Vs. Ogodo (1984) NSCC 255.
STATUTES REFERRED TO
NONE
