JOHN HOLT PLC v. MR. ECHEZONA NZERIBE
April 11, 2025BASHIR ABBA SHERIFF V KANO STATE CIVIL SERVICE COMMISSION & ORS
April 11, 2025Legalpedia Citation: (2018-06) Legalpedia (SC) 01191
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jun 28, 2018
Suit Number: SC.807/2014
CORAM
PARTIES
CHIEF OLADIPUPO AKANNI OLUMUYIWA WILLIAMS, SAN APPELLANTS
FOLARIN ROTIMI ABIOLA WILLIAMS & ANOR RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, Chief Oladipupo Akanni Olumuyiwa Williams, SAN, who is representing himself in this appeal, filed a Motion on Notice on 22 May, 2017 praying for leave of this Honourable Court to hear the appeal on the Appellant’s brief alone on grounds that the time within which the Respondents ought to file their brief of argument in this appeal as provided by the Rules of this Honourable Court has elapsed and that since there is no application for extension of time to file the Respondent’s brief of argument before the court, the Respondents are not desirous of defending the appeal. The Respondent raised a preliminary objection praying for an order striking out this appeal on grounds that this court lacks the requisite jurisdiction because the proper parties are not properly before the court. In opposing the preliminary objection, the Appellant filed a counter affidavit annexing the ruling of this court delivered on 7 November, 2016 dismissing the appeal which the 2nd Appellant withdrew by filing a notice of withdrawal
HELD
Appeal Allowed
ISSUES
None
RATIONES DECIDENDI
LOCUS STANDI – WHETHER A PLAINTIFF CAN BE DEPRIVED OF HIS LOCUS STANDI ON ACCOUNT OF FAILURE TO JOIN A DESIRABLE PARTY
“Where a plaintiff has the necessary capacity and locus to bring an action and then brings it, failure to join a desirable party will not deprive him of his initial locus standi and then rob the Court of jurisdiction to entertain his action. See: Ekpere & Ors v. Aforije & Ors (1972) 1 All NLR 220; Oloriede v. Oyebi (1984) 1 SCNLR 390.”
WITHDRAWAL OF AN APPEAL – EFFECT OF FILING A NOTICE OF WITHDRAWAL OF AN APPEAL
“By filing that Notice of Withdrawal, he was no longer interested in the outcome of the appeal and the appellant who is desirous of getting to see the final outcome of the appeal cannot be compelled to keep him as a party. If Chief Kayode Adekunle Olusegun Williams has chosen to renounce his interest in the appeal which will determine the rights of the parties in the estate of their deceased father, he is at liberty to do so since it is a personal right which he can forfeit. His withdrawal of his appeal cannot frustrate the 1st appellant’s appeal from being heard. By withdrawing his appeal, he will be bound by the outcome of the appeal as if he were a party. See: Green v. Green (1987) 3 NWLR (Pt. 61) 480.
CASES CITED
None
STATUTES REFERRED TO
None
