CHIEF DAVID ONOTSUORAN EREKU & ORS V. MILITARY GOVERNOR, MID-WESTERN STATE OF NIGERIA & ORS
August 11, 2025DOMINIC UGWU & ORS V. EGBUABA IGWE OGBUZURU & ORS
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 11172
In the Supreme Court of Nigeria
Thu Oct 31, 1974
Suit Number: SC. 2/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
CHUKWUDIFU AKUNNE OPUTA JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
J.B. ATANE
J.E. IKPEFAN
PETITIONER(S)
J. W. AMU
RESPONDENTS
AREA(S) OF LAW
LAND LAW-TITLE TO LAND
SUMMARY OF FACTS
The Plaintiff/Respondent claimed against the defendant Recovery of Possession of a parcel of land situate in sabon ora amongst other claims. It was in dispute whether the land had been given by grant to the Plaintiff/Respondent by the Edion/Urukpa or was unoccupied land vested in Edion/Urukpa.
HELD
The Appeal failed and it was dismissed. The decision and orders of the lower court were affirmed.
ISSUES
1. Whether the trial Judge erred in law in giving judgment to the plaintiffs as claimed when it was clear from the printed evidence that the plaintiffs were not the proper persons to bring this action.
2. Whether the trial Judge erred in law in going outside the contents of Exhibit “A” to construe who the parties to the lease agreement were when same was clear from the ordinary meaning of the words used.
RATIONES DECIDENDI
ELEMENTS OF A REPRESENTATIVE ACTION
In a representative action such as this, the only legal burden cast upon a plaintiff is that of establishing the existence of a common interest and a common grievance. Such a plaintiff is in fact not bound to obtain the consent of others whom he might claim to represent. The position is otherwise in the case of a representative defendant. – Per Irikefe, JSC
CASES CITED
Otugor Ogamioba v. Chief D.O. Oghene & Ors. (1961) 1 All Nigeria Law Report p. 59.”
STATUTES REFERRED TO
Not Available
