OGIAMIEN VS OGIAMIEN
August 29, 2025M. OLA OWODUNNI VS ANTHONY AKINSOLA GEORGE
August 29, 2025Legalpedia Citation: (1967-06) Legalpedia 59203 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Jun 9, 1967
Suit Number: SC 405/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
JOSEPH OLADIPUPO ASHIRU
RESPONDENTS
AREA(S) OF LAW
LAW OR TORTS -CAPACITY TO SUE
SUMMARY OF FACTS
The respondent instituted action in his name for and on behalf of the dependants of the deceased against the appellants for compensation under the Fatal Accidents Act. He did not prove that he has married to the deceased.
HELD
The court held that he had no interest in bringing the action and accordingly struck out the suit.
ISSUES
Whether the respondent had capacity to sue for and on behalf of the dependants of the deceased under the Fatal Accidents Acts, 1846 and 1864, and the Torts Law.
RATIONES DECIDENDI
WHO CAN SUE ON BEHALF OF A DECEASED IN TORT
1. The Fatal Accidents Acts, 1846 and 1864, and the Torts Law alike provide that actions under the enactments shall be brought by the executor or administrator of the person deceased, but that If there is no executor or administrator, or if, there being one, he does not institute proceedings within six months after the death, the action may be brought “by and in the name or names of all or any of the persons (if more than one) for whose benefit the action would have been, if it had been brought by and in the name of the executor or administrator. Per Brett J.S.C
WHAT A HUSBAND OR WIFE NEED TO PROVE AS CLAIMANTS
2. A person who claims as the husband or wife of the deceased under the enactments must prove his/her marriage to the deceased. Per Brett J.S.C
CASES CITED
1. Koop v. Bebb (1951) 84 C.L.R. 62
2. Lawal v. Younan [1961] All N.L.R. 245
3. Mabro v. Eagle Star & British Dominions Insurance Co. Ltd. [1932] All E.R. Rep. 411
4. Finnegan v. Cementation Co. Ltd. [1953]1 Q.B. 688
STATUTES REFERRED TO
1. The Evidence Act
2. The Fatal Accidents Acts, 1846 and 1864,
3. The Torts Law
