SOLA ADIO OLUSESI VS THE STATE
August 28, 2025OKPOWAGHA & ANOR V. EWHEDIMA
August 28, 2025Legalpedia Citation: (1970) Legalpedia (SC) 10361
In the Supreme Court of Nigeria
Fri May 15, 1970
Suit Number: SC 137/1969
CORAM
IAN LEWIS, JUSTICE, SUPREME COURT
ATANDA FATAI-WILLIAMS, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
AYONUWE AKPAMAKU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendant in this suit was not substituted after his death until evidence had been led and during final address. His guardian ad litem who was appointed when the defendant was ill was substituted retrospectively for him during final address as administrator of his estate.
HELD
The court held that the substitution was a nullity and struck out the suit.
ISSUES
Whether the proceedings and the judgment of the lower court was proper in the absence of a defendant to the suit.
RATIONES DECIDENDI
EFFECT OF DEATH OF A PART TO A SUIT
The guardian ad litem is merely representing the defendant for the purposes of the suit and if the person represented dies then until his executor or administrator is substituted the action is in effect in abeyance. This is fundamental to the cause of action and it is not a mere irregularity. Per Lewis J.S.C
CASES CITED
Duke v. Davies (1983) 2 Q.B. 260
Pink v. JA. Sharwood and Co. Limited (1913) 2 Ch. 286.
STATUTES REFERRED TO
High Court (Civil Procedure) Rules
Rules of the Supreme Court in England
