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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 a head of family can take an action to protect family property without prior authority of the other members of his 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 family will be bound by the result of an action instituted by a member not authorised by the family

Whether a judgment in a matter brought on behalf of a family is binding on all members of the family

Whether a member of a family can bring an action to protect family property even where the other members do not consent and the effect

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

Whether a member of the family can initiate action to set aside a conveyance of family land done without proper authority

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 or not the head of the wider family could sue to protect property vested in the immediate family

Whether other members of the family must be joined to a suit instituted or defended by the head of the family

Whether the head of a family or authorised members can institute an action in court for and on behalf of the family

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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