AFOLABI ADEBISI VS COMMISSIONER OF POLICE
September 8, 2025A. C. ABUAH VS THE QUEEN
September 8, 2025Legalpedia Citation: (2022-02) Legalpedia 09461 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Tue Nov 7, 1961
Suit Number: FSC. 84/1960
CORAM
UNSWORTH, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
NWANYIEKE MBANU APPELLANTS
GODFREY MBANU
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
PARTIES – SUBSTITUTION
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Applicant has an interest in the subject matter, which might well have entitled him to be added as a party to the action, and might also have entitled him to bring an appeal himself under Section 110 (6) (a) of the Constitution but chose to apply to be substituted for the deceased appellant.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the interest of the deceased did not transmit to the applicant and accordingly struck out the application for substitution.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the applicant is entitled to be substituted for the deceased.
RATIONES DECIDENDI
PURPORT OF ORDER 16 RULE 46 OF THE RULES OF THE SUPREME COURT IN ENGLAND
Order 16 Rule 46 is clearly designed to enable a case to continue at the request of one of the parties, and Order 17 rule 4 is limited to cases where there is a transmission of interest on death. In the present case there was no transmission of the appellants interest to the applicant on the death of the appellant. Per Unsworth F.J
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
PURPORT OF ORDER 16 RULE 46 OF THE RULES OF THE SUPREME COURT IN ENGLAND
Order 16 Rule 46 is clearly designed to enable a case to continue at the request of one of the parties, and Order 17 rule 4 is limited to cases where there is a transmission of interest on death. In the present case there was no transmission of the appellant’s interest to the applicant on the death of the appellant.’ Per Unsworth F.J
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
