GENERAL MUHAMMADU BUHARI V INDEPENDENT NATIONAL ELECTORAL COMMISSION
May 28, 2025ALHAJI UMAR MUSA YAR’ADUA 7 ANOR V ALHAJI ATIKU ABUBAKAR & ORS
May 28, 2025Legalpedia Citation: (2008-12) Legalpedia (SC) 18761
In the Supreme Court of Nigeria
Fri Dec 12, 2008
Suit Number: SC.284/2002
CORAM
BODE RHODES-VIVOUR, JUSTICE, SUPREME COURT.
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
PIUS OLAYIWOLA ADEREMI, JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
PARTIES
BENEDICT OJUKWU. APPELLANTS
LOIUSACHINYERE OJUKWU
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Appellant sued the 2nd defendant contending that he is not a member of Ojukwus’ family of Uruagu Nnewi, and therefore has no right of inheritance; Defendant/Respondent raised a preliminary objection on the ground that the plaintiff had no locus standi. The trial court dismissed the suit. An unsuccessful appeal to the Court of Appeal led to this present appeal.
HELD
Appeal allowed. The Supreme Court held that plaintiff/Appellant being the head of the family and having interest in at least two of the properties in contention had locus standi to institute the suit.
ISSUES
1. Whether the Court of Appeal was correct after holding that the appellant had proprietary interest in two properties pleaded in paragraph 20 and 21 of the statement of claim and entitled to react in court of law to protect the said properties to have finally struck out the suit on grounds of lack of locus standi and non-joinder of necessary parties?
RATIONES DECIDENDI
CASES CITED
1. Owodunmi v. Registered Trustees of C. C. C. (2000) 6 S.C (Pt.lll) 60
2. Oloriode v. Oyebi (1984) 5 S C 1
3. Prof. Yesufu v. Gov. of Edo State & ORS (2001) 13 NWLR (Pt.731) 511 (2001) 8 SCM, 189
4. Oloriode & Ors. v. Oyebi & Ors (1984) 5 S C 1.
STATUTES REFERRED TO
NONE
