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Position of the law on who can maintain an action to safeguard family property

The position of the law on the capacity of a member of a family, other than the family head, to bring an action in respect of family property

The principle that where representatives of the family give evidence in their said representative capacities that evidence will be binding on all members of the family and the family will be estopped by it in a subsequent suit against any other non-member of the family

The rule that it is only the head of the family who can sue and be sued in respect of family property

The rule that it is only the head of the family who can sue and be sued in respect of family property and the exceptions

The rule that where the capacity of the head of the family to sue in a representative capacity is disputed, he has the onus to prove not only that he is the head but also that he had been duly authorised or empowered to take the action.

Whether a member of a family can sue to protect the interest of the family over any property

Whether an elder female member of a family can sue to protect family property

Whether a non-member of a family can prosecute a case on behalf of the family

Whether a principal member can sue other principal members to protect family property

Whether the person entitled to the immediate possession and control of family property she is clothed with capacity to institute an action to preserve that property

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