CORAM
ADEMOLA, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
S. ORAGBADE (for himself and on behalf of the Ifetedo Community)
APPELLANTS
CHIEF S.J.M. ONITIJU (the Obaloran of Ife)
RESPONDENTS
AREA(S) OF LAW
CIVIL LAW-PARTIES—REPRESENTATIVE CAPACITY—APPEAL
SUMMARY OF FACTS
The plaintiff sued the defendant over a land in dispute. In the writ the plaintiff is described as “Sam Oragbade for himself and on behalf of other Farm-owners of Ifetedo-Ere Farmlands”, and the first paragraph of the Statement of Claim reads:-The plaintiff is one of the oldest Farm-owners and Member of Ifetedo Community and takes this action in a representative capacity.”
HELD
The following order is proposed:-The judgment given on the 28th September, 1959, in suit No. 1/297/1957 between Sam Oragbade for himself and on behalf of the Ifetedo Community and Chief Onitiju, in regard to the area of land edged pink or red on plan OG/150/58 shall stand insofar as it dismisses the action but is set aside insofar as it grants a declaration in favour of the defendant but in either case this order is not to prejudice any appropriate claim being made hereafter; and the plaintiff Sam Oragbade shall pay the defendant the sum of £175-16s-0d, being the difference between half the costs below (which are allowed to the defendant) and half the costs of appeal (which are allowed to the plaintiff).
ISSUES
Not Available
RATIONES DECIDENDI
SUING IN REPRESENTATIVE CAPACITY
“Where there are numerous persons having the same interest in one cause or matter: and it is a question of substance whether they do have the same interest in one cause or matter. If they do not, a plaintiff cannot sue on their behalf; likewise a defendant cannot be sued on their behalf, neither can he be authorised to defend the action on their behalf.” Per BAIRAMIAN F.J.
EFFECT OF SUING IN A REPRESENTATIVE CAPACITY WITHOUT AUTHORIZATION
“The counterclaim made by Chief Onitiju, without an order authorizing Oragbade so to defend, and without the order, the judgment against Oragbade is not binding on the Ifetedo community.” Per BAIRAMIAN F.J.
CASES CITED
1. Markt and Co. v. Knight S. S. Co., Ltd., (1910) 2 K.B. 1021
2. London Association for Protection of Trade and another v. Greenlands, Ltd., (1916) 2 A.C. 15
3. Barker v. Allanson, (1937) 1 K.B., 463
4. Adegbite v. Lawal, 12 W.A.C.A., 398
5. Ajigunna II v. Akoworo II, decided in W.A.C.A. on 18th May, 1953
STATUTES REFERRED TO
1. The High Court Rules
2. The (W.R.) High Court (Civil Procedure) Rules
3. The English Supreme Court Rules)