CORAM

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT

PARTIES

HENRY OKOLI PLAINTIFF(S) / RESPONDENT(S)

DEFENDANTS/ RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The court of appeal substituted Igwe Okoli for henry okoli who had died at the time the application for leave to appeal was filed. The original action was instituted in a representative capacity.

HELD

The court held that since the action was originally commenced in a representative capacity, the order by the Court of Appeal was in order.

ISSUES

Whether the Justices of the Court of Appeal were correct to have granted the application to amend the proceedings by substituting the Appellant in place of the deceased Plaintiff/Respondent, when the motion sought to be amended was filed after the death of the named plaintiff/1st Respondent

RATIONES DECIDENDI

EFFECT OF DEATH OF A NAMED REPRESENTATIVE

When an action is instituted in a representative capacity and or against persons in representative capacity that action is not only by or against the named parties. They are also by and against those the named parties represent. Those are not stated nominee. Indeed, they may be one or two or more, indeed they may be legion. And so, if all the named parties die the action still subsists on behalf of or against those they represent but who have not been stated nominee. As it is an action on trial, it is also when the matter is on appeal- Wali J.S.C

CASES CITED

ATANDA V. OLANREWAJU [1988] 4 NWLR (Pt. 89) 394 at 402. Okonji v. Njokanma [1989] 4 NWLR (Pt. 114) 161 at 166-167

STATUTES REFERRED TO

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