JACOB NDAEYO VS GODWIN OGUNNAYA
August 6, 2025LION BUILDINGS LIMITED V. M. M. SHADIPE
August 6, 2025Legalpedia Citation: (1977-01) Legalpedia (SC) 18615
In the Supreme Court of Nigeria
Fri Jan 14, 1977
Suit Number: SC. 325/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
MADARIKAN, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
TIJANI BAMBE
JUBRIL JINODU SALAU BADA
EMMANUEL ADEWUYI
ABDUL WAHABI IDRIS
ALIMI ADEKUNLE ADESINA
SUNMOLA SUBERU
APPELLANTS
ALHAJI YUSUFU ADETUNJI ADERINOLA
ALHAJI IDRIS JUNAID
ALHAJI ABDUL LASISI BALOGUN
YUNUSA LAJIDE AYILARA
ALHAJI ASIMIYU BOLAJI ADEWUNMI
MOSES ADEDOKUN O.FAGBEMI
ALHAJI SALAU AYOADE ADESINA (Suing as the Registered Trustees of the Ijaiye National Society, Lagos Federal Commissioner of Internal Affairs)
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-DEMURRER-PROPER PARTIES
SUMMARY OF FACTS
The appellants brought an application to quash the action instituted by the respondents because the respondents did not commence action with the proper parties.
HELD
The court held that though demurrer actions had been abolished, it was replaced with proceedings in lieu of demurrer and the application to quash the action was not premature
ISSUES
1. Whether the application to quash the action for want of proper parties before the court , being a proceeding in demurrer cannot be allowed until pleadings are completed.
2. Whether the court can proceed when the proper parties are not before it
RATIONES DECIDENDI
PROPER PARTIES
Unless the necessary and proper parties are before the court, it will be futile to proceed to adjudicate on the issues in controversy as the action cannot be regarded as properly constituted. PER MADARIKAN JSC
ABOLITION OF DEMURRER PROCEEDINGS
Order 22 Rule 1 High Court of Lagos (Civil Procedure) Rules 1972 has in clear terms abolished demurrer and at the same time Rules 2-4 makes adequate provisions for the proceeding in lieu of demurrer. PER MADARIKAN JSC
CASES CITED
1. TOMSKIN V. S.E RLY 57 LT 358
2. ODE &ORS V. THE REGISTERED TRUSTEES OF THE DIOCESE OF IBADAN (1966)1 ALL NLR 287
STATUTES REFERRED TO
LANDS (PERPETUAL SUCCESSION) ACT CAP 98
HIGH COURT OF LAGOS (CIVIL PROCEDURE) RULES 1972
