LEWIS, J.S.C.:(Delivering the Leading Judgment): Declaration-Title to land-Guardian ad litem not a party to action-Merely representing defendant for purposes of suit-Where the person represented dies, then until his executor or administrator is substituted the action is in abeyance-Order 7 rule 13 of the High Court (Civil Procedure) Rules.
Appeal from the High Court (Mid-West). HELD:
(1) A guardian ad litem is not a party to the action. He is merely representing the defendant for the purposes of the suit and if the person represented dies then until his executor or administrator is substituted the action is in effect in abeyance. This is fundamental to the cause of action and it is not a mere irregularity.
guardian ad litem is not a party to the action. He is merely representing the defendant for the purposes of the sui (2) Whilst as a matter of principle it would be perfectly proper to substitute the Administrator of the estate of the deceased Egharagbemi for him as defendant the Sup…