SUNMONU OLOHUNDE V PROFESSOR S.K. ADEYOJU
June 25, 2025PAN BISBILDER (NIGERIA) LIMITED VS FIRST BANK OF NIGERIA LIMITED
June 25, 2025Legalpedia Citation: (2000) Legalpedia (SC) 11714
In the Supreme Court of Nigeria
Fri Jun 30, 2000
Suit Number: SC. 126/1995
CORAM
SALIHU M. A. BELGORE, JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
A.I. IGUH
Amina Adamu Augie
A.B. WALI JUSTICE, SUPREME
PARTIES
JOSIAH KAYODE OWODUNNIANDREGISTERED TRUSTEES OF CELESTIAL CHURCH OF CHRIST APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued the defendants as the rightful person to be appointed to succeed the 1st defendant after the death of its founder. It was contended on appeal that the plaintiff has no locus stadi o institute the action.
HELD
It was held that the plaintiff has locus to institute the action having sufficiently shown his interest in the suit in the pleadings
ISSUES
1. Whether the Majority Justices of the Court of Appeal stated and applied the law on locus standi correctly.2. Whether the plaintiff had the locus standi to institute the action.
RATIONES DECIDENDI
REQUIREMENTS FOR LOCUS STANDI
“It is a common ground in all the jurisdictions of the common law countries that the claimant must have some justiciable interest which may be affected by the action or that he will suffer injury or damage as a result of the action. In most cases the area of dispute, and sometime, of conflicting decisions has been whether or not on particular facts and situation the claimant has sufficient interest or injury to accord him a hearing”…OGUNDARE JSC
CASES CITED
1. President of the Federal Republic of Nigeria (1981) 5 S.C. 112 112 at 149-150,2. Eleso v. Government of Ogun State (1990) 2 NWLR (Pt. 133) 410 at 444.3. Oloriode v. Oyebi (1984) 1 S.C. NLR 390 at 401 ,
STATUTES REFERRED TO
1979 Constitution
