RABIATU LATUNWOUN ADELOWO & ORS V. AKINGBALA & ANOR
August 11, 2025J. D. OWUMI VS PATERSON ZOCHONIS & CO (NIG.) LTD.
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 17190
In the Supreme Court of Nigeria
Fri Oct 25, 1974
Suit Number: SC. 370/1973
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
GEORGE B. A. COKER, JUSTICE, SUPREME COURT
PARTIES
CHIEF ADERIBIGBE JEOBA
APPELLANTS
OSHO OWONIFARI
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – PARTIES-JURISTIC PERSONALITY
SUMMARY OF FACTS
The respondent was substituted for his late father who was sued in his chieftaincy title name, the Oniran of Orin. The appellants case was dismissed on the ground that the Oniran of Orin was not a legal person for whom the respondent can validly be substituted for.
HELD
The court held that the Oniran of Orin was validly sued in a representative capacity and that the lower courts were wrong to have dismissed the appellants case.
ISSUES
1. Whether the action brought by the appellant was brought against a non-existent person.
RATIONES DECIDENDI
AMENDMENT TO CORRECT THE NAME OF A PARTY
An amendment to correct the name of a party may be allowed, notwithstanding that it is alleged that the effect of the amendment will be to substitute a new party, if the court is satisfied that the mistake sought to be corrected was a genuine mistake and was not misleading. Per Fatai- Williams J.S.C
MULTIPLE CAPACITY OF A NATURAL PERSON
A natural person can have double or even multiple capacity. An example of this is a person who, as in the case in hand, is also a traditional chief. Such a person will have both his own personal name and his chieftaincy title. It is not unusual here in Nigeria, out of respect for tradition, to refer to such a person, on all occasions, only by his chieftaincy title. Per Fatai- Williams J.S.C
CASES CITED
1. Olu of Warri v. Chief Sam Warri Esi (1958) 3 FSC 94,
2. Establissment Baudelot v. R.S. Graham & Co. Ltd. (1953) 1 All ER 149,
3. Alexander Mountain & Co. v. Rumers Ltd. (1948) 2 All ER 483
STATUTES REFERRED TO
1. Rules of the Supreme Court in England
