(1989) JELR 44213 (SC)    

Supreme Court  ·  SC.35/1989 ·  11 Jul 1989 ·  Nigeria
Other Citations
Okonji v. Njokanma (1989) NWLR (Pt.114)161
Okonji v. Njokanma (1989) 4 NWLR (Pt. 114) 161
KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Core Terms Beta
representative capacity
13th february
13th june
cause of action
16th july
extension of time
grounds of appeal
named parties
named plaintiffs
original defendants
preliminary objection
aaron ngonadi
chief olisa chukura
learned justices of the court of appeal
mr. h.a. lardner
rules of this court
application of a person
behalf of ogbeide family
dead man
death of the appellant
defendants notice of appeal
following reasons
fresh parties
ground of abuse of process
late father
law view
lead judgment
named appellants
name of aaron ngonadi
order of the court
posture of an action
preliminary objection of mr. lardner
present case
present defendants
rule of court
said appeal
subsequent substitution of some members of the said family
substitution of parties
substitution of the defendants
such circumstances
such defendants

ESO, J.S.C. (Delivering The Leading Ruling): In this matter, there were two applications before the Court. We dealt with both on 13th June and reserved our reasons for the decisions we took in both. It would be better to go through each motion as one is sequel to the other.

As a preliminary, it is necessary to state few facts. The plaintiffs to the action are:

George Njokanma; Amolo Onwugbenu; and Anthony Ogbogu.

They took the action in a representative capacity "for themselves and on behalf of Ogbeide Family". The action was against-

Okwonkwo Okonji; George Nwanze Okobi; and Onochi P. Eseji.

These were sued in a representative capacity "for themselves and on behalf of Umuodogun Family Ogboli Ibuse". Indeed they were "substituted as such for the original defendants", who had died. These original defendants died one after the other and the last of them died on 7th December, 1988. It was not until 21st March, 1989 that an application was made to substitute the present defendants for tho…

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