LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel — Standing-By — Doctrine of Standing-By in Land Disputes
PRINCIPLE STATEMENT
It is recognised in West Africa that persons with the same interest in a land dispute often range themselves on one side or the other; if their champion wins, they reap the fruit of victory; if they fail, they fall with him and must take the consequences.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC (dissenting), quoting Lord Denning in Nana Ofori Atta II v. Nana Abu Bonsra II (1958) AC 95, in Okukuje v. Akwido (2001) NLC-581992(SC) at p. 69; Paras D–E.
"It seems to be the recognised thing in this part of West Africa for all persons with the same interest in a land dispute to range themselves on one side or the other. Sometimes they apply to be joined as parties. On other occasions, they regard the named party as their champion and support him by giving evidence. If he wins, they reap the fruit of victory. If they fail, they fall with him and must take the consequences."
EXPLANATION / SCOPE
The doctrine of standing-by (or “representative interest”) applies in land disputes where persons with the same interest support a named party as their champion. If they stand by and allow the champion to litigate, they are bound by the result. They cannot later relitigate the same issue. The doctrine prevents persons with the same interest from avoiding the consequences of an adverse judgment by not formally joining the action. The principle is based on the idea that they had their day in court through their champion. The doctrine applies where the interest is identical and the persons had notice of the proceedings. It promotes finality in land disputes.
