THE STATE V FATAI AZEEZ & ORS
May 30, 2025BASIL AKPAN V THE STATE
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 26211
In the Supreme Court of Nigeria
Fri Apr 18, 2008
Suit Number: SC.340/2002
CORAM
NIKI TOBI, JSC JUSTICE, SUPREME COURT(Dissenting Judgment)
GEORGE ADESOLA OGUNTADE, JSC,JUSTICE, SUPREME COURT (Lead Judgment)
DARNLEY ARTHUR RAYMOND ALEXANDER
PARTIES
1. RAPHAEL EJEZIE2. GODFREY ISOFOR(Substituted for Onyeso Okeyika, Okafor Ozoloka, Martin Obiasogu Amangbo, John Ohaguyim Nzeribe, Louis Nwawulu Akazie and Fredrick Ebuluo Maduafokwa on 26/6/92 by the Order of the Court. For themselves and on behalf of the Members of Umudike Family of Uzoakwa, Ihiala). APPELLANTS
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Certain faction of the plaintiffs’ family on whose behalf the action was instituted filed an application seeking to substitute some of the plaintiffs with other members of the family. The application was refused and the trial court proceeded to strike out the suit.
HELD
Certain faction of the plaintiffs’ family on whose behalf the action was instituted filed an application seeking to substitute some of the plaintiffs with other members of the family. The application was refused and the trial court proceeded to strike out the suit.
ISSUES
The propriety of the order made by the trial court which was affirmed by the court below striking out the suit because of the dispute within the plaintiffs’ Umudike family as to who should pursue the suit as the representatives of the family.
RATIONES DECIDENDI
DUTY ON A PERSON WHO CHALLENGE AUTHORITY TO PROSECUTE ACTION IN A REPRESENTATIVE CAPACITY
Where the authority of persons who have brought an action in a representative capacity is challenged, the onus is on the person who has brought the action to satisfy the court that they have been duly authorize- Oguntade J.S.C
REQUIREMENT FOR REPRESENTATIVE ACTION
In a representative action, persons who are to be represented and the person or persons representing them should have the same interest in the cause or matter – Oguntade J.S.C.
PLAINTIFFS CANNOT SET UP CONFLICTING CLAIMS
All persons who join as plaintiffs in the same suit cannot set up conflicting claims between themselves. In other words plaintiffs must act together- Oguntade J.S.C
CASES CITED
1. S. Oragbade v. S.J.M. Onitiju [1962] All N.L. R. 322. Re: Mathews [1905] 2 Ch. 460 and Re Wright [1895] 2 Ch. 7443. Duke & Ors. v. Henshaw [1940] 6 W.A.C.A. 241
STATUTES REFERRED TO
NONE
