CHIEF IGUNBOR IGBODIM & ORS V. CHIEF UGBEDE OBIANKE & ORS
August 7, 2025SEISMOGRAPH SERVICE (NIG) LTD V. CHIEF KEKE OGBENEGWEKE EYUAFE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11110
In the Supreme Court of Nigeria
Fri Oct 8, 1976
Suit Number: SC. 405/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
MBA ORIE & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants and the respondents share a common ancestor. The respondents claimed to be entitled to certain fraction of the farm lands every farming year. This was refuted by the appellants.
HELD
The court held that it was not open to defendants named on a writ to complain that other persons were not so named.
ISSUES
Whether the court could make orders against other members of the family who were not made parties in the suit, the suit not being in a representative capacity.
RATIONES DECIDENDI
BINDINGNESS OF JUDGEMENT TO FAMILY MEMBERS NOT PART TO A SUIT
It is settled rule of law and practice that a party is entitled to judgement for any part of his claim proved to the satisfaction of the court. If there are parties aggrieved as being caught within the case when they are not by name made parties thereto, they have a right of appeal under our constitution. It is not open to the defendant named on writ to complain that other persons apart from himself have been included in the scope of judgement” PER OBASEKI
CASES CITED
BURAIMOH ADEGBITE V. LAWAL (1948) 12 WACA 398
DOKUBOH V. BOB-MANUEL (1967) I ALL NLR 113
MBA NTA V. EDE NWEKE & ANOR (19750 5 S.C. 156
STATUTES REFERRED TO
None.
