Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THOMAS & ORS.
V.
OLUFOSOYE

(1986) JELR 45283 (SC)    

Supreme Court  ·  SC.245/1985 ·  14 Feb 1986 ·  Nigeria
 · 
Other Citations
Thomas v Olufosoye (1986) 1 NWLR (Pt.18)669 (1986) All N.L.R 261 (1986) 2 S.C. 325
Thomas v Olufosoye (1986) 1 NWLR (Pt. 18) 669
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
statement of claim
plaintiffs
court
locus standi
civil rights
reasonable cause of action
diocese of lagos
mr. ajayi
issue of locus standi
particular candidate
advisory committee
communicants of the anglican communion
constitution of the anglican church
court of appeal
locus standi of the plaintiffs
supreme court
learned trial judge
obligations of the plaintiff
rev. bishop joseph abiodun adetiloye
rules of the supreme court of england
appellants mr. lardner
circumstances of this case
civil procedure
constitution of nigeria
delivery of my reasons
following documents
great legal importance
high court
high court of lagos state
infraction of the constitution of the anglican church
issue of that date
judicial powers of the court
lay members
lay members of the synod of the diocese
leading judgment
learned judge
learned justice
material facts
non-existence of the locus standi of any person suing
peculiar interest of the plaintiffs
propositions of law
question of sufficient interest of a plaintiff
question of the jurisdiction of the court
read v
rights of contracts
said article iv
set of rules
sole issue
statement of defence
translation of the said adetiloye

OBASEKI, JSC (Delivering the Leading Judgment): On the 18th day of December, 1985, this appeal came up for hearing before this Court orally. After hearing the arguments and submissions of learned counsel for the appellants and learned counsel for the respondent, I came to the decision that there was no merit in the appeal and I accordingly dismissed it and adjourned the delivery of my reasons for the judgment till today.

The sole issue for determination in this matter which fell within a very narrow compass was whether on the pleadings filed by the appellants who were plaintiffs in the action filed in the High Court of Lagos State, Lagos, the locus standi of the plaintiffs to institute the action was disclosed. This issue is of great legal importance as the existence or non-existence of the locus standi of any person suing determines whether or not the plaintiffs will be allowed to continue the litigation and be given a hearing. He can only invoke the judicial powers of the court if …

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