CHIEF OYELAKIN BALOGUN VS MOSES OLAYIOYE ADEDOSU ADEJOBI & ANOR
July 4, 2025STATE V. OKECHUKWU
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 51160
In the Supreme Court of Nigeria
Fri Jan 13, 1995
Suit Number: SC. 202/1992
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
PARTIES
ELIJAH IDISEAKPUGHE UGHEGBEPAUL AKPOSHORORABASA IVWIONOKAOKPAKO ODJEVWEDJEJACOB EVAGHA (For themselves and on behalf of Owevwen Community of Agbarha) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal from the judgement of the court of Appeal, Benin division in which it set aside the judgement of Ugheli High Court presided over by Omo-Agege J., (as he then was) striking out the plaintiffs (now appellants) claim for incompetence on ground that the plaintiffs could not in law sue in a representative capacity.
HELD
That the parties have neither a common grievance nor a common interest in the action ?
ISSUES
Whether it is correct to hold as the Justice of Court of Appeal did, that the plaintiffs on record have no common interest with Owevwen community to which they themselves also belong? In other words is the case of Oragbade v Onitiju (1962) WNLR 21 applicable to this case.
RATIONES DECIDENDI
CONDITIONS FOR SUSTAINING REPRESENTATIVE ACTION
The essential condition for sustaining a representative action is that the persons who are to be represented have the same interest as the plaintiff in one and the same cause or matter. There must therefore be a common interest alike in the sense that its subject or its relation to that subject must be the same.- Per Abubakar Bashir Wali, JSC
CONDITIONS FOR SUSTAINING REPRESENTATIVE ACTION
For an action to lie in a representative capacity, there must be -(i) a common interest; (ii) a common grievance and (iii) the relief must be beneficial to all- Per Abubakar Bashir Wali, JSC
CASES CITED
Amachree & Ors v Newington 14 WACA 97Carter v Righby & Co (1896) 2 QB 113Markt & Co v Knight Steamship Company Ltd (1910) 2KBOganioba & Ors v Oghene & Ors (1961) 1 All NLR 59Oragbade v Onitiju (1962) 1 All NLR 32Steam Navigation Co v Tsune Kijima (1895) AC 661 (PC)
STATUTES REFERRED TO
NONE
