CORAM
MUHAMMADU LAWAL UWAIS CHIEF , USTICE, NIGERIA
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
AUGUSTINE NDULUEAUGUSTINE NDULUE APPELLANT(S) / PLAINTIFF(S)
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants instituted actions against 3 different people in their personal capacity for trespass. The trial court gave judgment in their favour and gave an order of injunction , which was not claimed, restraining the Oraukwu town from interfering with the land. The Oraukwu town and other interested parties appealed.
HELD
The court that the defendants at the trial court were not sued in a representative capacity thus no order of injunction could be made against the entire Oraukwu town and that the order so made was a gross violation of the right to fair hearing guaranteed the 1979 Constitution.
ISSUES
(1) Whether in the light of the pleadings and evidence before the court of trial, the Court of Appeal was right to have set aside the order of injunction made against the entire people of Oraukwu town who were neither parties, nor represented in the suit.(2) Whether the order against “all people of Oraukwu” or all persons from Oraukwu” was an order made against non juristic persons.(3) Whether the order made violated the respondents’ right to fair hearing guaranteed to every Nigerian by section 33 of the 1979 Constitution and, if it did, what is the effect?
RATIONES DECIDENDI
HOW TO SUE IN A REPRESENTATIVE ACTION
The authorization for a person to sue on behalf of others must be given by the other persons or community interested in suing, and the authorization for a person to defend on behalf of others must be given by the persons or community interested in defending in such a suit for the benefit of or on behalf of all the parties so interested – Iguh J.S.C.
COURT RESTRICTED TO THE RELIEF CLAIMED BY A PARTY
A court of law must not grant to a party a relief which he has not sought or which is more than he has claimed – Iguh J.S.C
ESSENCE OF REPRESENTATIVE ACTION
It is the very essence of a representative action, whether as plaintiffs or as defendants, that the representative and the persons represented must be shown to have a common interest in the subject matter of the suit- Iguh J.S.C.
CASES CITED
Olowo Okukuje v. Odejeninia Akwido (2001) 3 N.W.L.R. (Part 700)Esiaka and others v. Vincent Obiasogwu and others (1952) 14 W.A.C.A. 178 at 180Re Lart Wilkinson v. Blades (1896) 2 Ch. 788Ekpenyong v. Nyong (1975) 2 S.C. 71 at 8l – 82,Union Beverages v. Owolabi (1988) 2 N.W.L.R. (Part 68) 128 at 133, Makanjuola v. Balogun (1989) 3 N.W.L.R. (Part 108) 192 at 206,Olurotimi v. Ige (1993) 8 N.W.L.R. (Part 311) 257 at 271
STATUTES REFERRED TO
The 1979 Constitution