LEGAL PRINCIPLE: CIVIL PROCEDURE — Representative Capacity — Right of Family Member to Sue

A member of a family can sue to protect family property without being authorised by all family members. The suit may be brought in a representative capacity or individually. The principle applies where the plaintiff has an interest in the property. The court will not strike out the action for lack of authorisation. The rule recognises that family members have a legitimate interest in protecting family assets. The defendant cannot challenge the plaintiff’s capacity merely because other family members did not join. The principle promotes access to justice. The court may order joinder of other family members if necessary. The rule applies to customary family property disputes.