LEGAL PRINCIPLE: CIVIL PROCEDURE – Representative Action – Propriety of Representative Action – Individual Grants Negative Communal Interest
PRINCIPLE STATEMENT
It is my view following the above case, that the plaintiffs have not jointly together a ground for instituting a suit for declaration or forfeiture of the land in dispute which is not a communal land and not granted communally but individually. In the circumstances of this case, I agree with the learned Senior Advocate of Nigeria that the proper order to make is that of non-suit.
RATIO DECIDENDI (SOURCE)
Per Ononuju, J. (trial Judge), as approved in Chikere & Ors v. Okegbe & Ors (2000) NLC-261995(SC) at p. 15; Paras A–B.
"It is my view following the above case, that the plaintiffs have not jointly together a ground for instituting a suit for declaration or forfeiture of the land in dispute which is not a communal land and not granted communally but individually. In the circumstances of this case, I agree with the learned Senior Advocate of Nigeria that the proper order to make is that of non-suit."
EXPLANATION / SCOPE
Representative action is improper where the subject matter involves individual grants, not communal property. Plaintiffs claiming individual interests cannot jointly sue as representatives because they lack common interest. Non-suit is appropriate where the action fails for procedural defect but plaintiffs may have individual claims. Dismissal would be too harsh where the defect is in the form of action rather than substance. Non-suit allows plaintiffs to re-litigate properly as individuals. The remedy respects that individual grants cannot support communal representation.