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Representative Actions
There are situation where a person or group of persons may want to sue, or a person may want to sue someone else but neither of the above categories possesses the capacity to sue or be sued. Such suits must be instituted by or against some other persons who have the legal capacity to sue and be sued, on behalf of such persons lacking capacity. Needs leave of the Ct to bring such an action and a consent order authorising the few to represent them
Order 10 rule 8 Abuja: Where more persons than one have the same interest in one suit, one or more of them may, with the approval of the Court, be authorised by the other persons interested to sue or to defend the suit on behalf of all parties.
Order 13 rule 12 Lagos: Where there are numerous person having the same interest in one suit, one or more of such persons may sue or be sued on behalf of or for the benefit of all persons so interested. Where there are numerous persons having the same interest in one suit and they seek to defend the action, a Judge may allow one or more of such persons to defend the action on behalf or for the benefit of all persons so interested.
Example:
Ojo Madu, Dupe Wazobia suing for and on behalf of themselves and the WAZOBIA FAMILY as Defendants
Procedure:
The representatives must be appointed by those to be represented
The representatives will seek the leave of the Court to sue as such via a Motion Ex parte supported with an affidavit exhibiting the memorandum signed by a majority of members authorising the representation and a written address. The content of the Affidavit in support will disclose the names of the representatives, when appointed and the believe that they can represent the group.
The Conditions for a Representative Action are:
a. Common interest and grievance of all the persons sought to be represented
b. The reliefs sought must be beneficial to all represented.
See ATANDA V. OLAREWAJU
There are situation where a person or group of persons may want to sue, or a person may want to sue someone else but neither of the above categories possesses the capacity to sue or be sued. Such suits must be instituted by or against some other persons who have the legal capacity to sue and be sued, on behalf of such persons lacking capacity. Needs leave of the Ct to bring such an action and a consent order authorising the few to represent them
Order 10 rule 8 Abuja: Where more persons than one have the same interest in one suit, one or more of them may, with the approval of the Court, be authorised by the other persons interested to sue or to defend the suit on behalf of all parties.
Order 13 rule 12 Lagos: Where there are numerous person having the same interest in one suit, one or more of such persons may sue or be sued on behalf of or for the benefit of all persons so interested. Where there are numerous persons having the same interest in one suit and they seek to defend the action, a Judge may allow one or more of such persons to defend the action on behalf or for the benefit of all persons so interested.
Example:
Ojo Madu, Dupe Wazobia suing for and on behalf of themselves and the WAZOBIA FAMILY as Defendants
Procedure:
The representatives must be appointed by those to be represented
The representatives will seek the leave of the Court to sue as such via a Motion Ex parte supported with an affidavit exhibiting the memorandum signed by a majority of members authorising the representation and a written address. The content of the Affidavit in support will disclose the names of the representatives, when appointed and the believe that they can represent the group.
The Conditions for a Representative Action are:
a. Common interest and grievance of all the persons sought to be represented
b. The reliefs sought must be beneficial to all represented.
See ATANDA V. OLAREWAJU
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