LEGAL PRINCIPLE: CIVIL PROCEDURE — Representative Actions — Substitution of Parties — Death of Named Party Does Not Nullify Proceedings Where Other Parties Exist
PRINCIPLE STATEMENT
Where proceedings are brought against two or more persons and one of them has died, the proceedings do not become a nullity; the name of the dead party can be struck out, without prejudice to substitution of fresh parties.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Okoli & Ors v. Surveyor-General Anambra State (2002) NLC-571997(SC) at pp. 15–16; Paras D–A.
"Where proceedings are brought against two or more persons at a time when one or more, as the case may be, of such persons has or have died, the proceedings do not become a nullity. It could be put right by striking out the name of the dead party or parties, of course, without prejudice to a substitution of fresh parties for the deceased parties."
EXPLANATION / SCOPE
Proceedings do not become a nullity because one of multiple defendants died. The court may strike out the dead party’s name. Substitution of legal representatives may be allowed. The principle applies to both plaintiffs and defendants. The action continues against the surviving parties. The rule prevents the entire action from abating due to the death of one party. The court has discretion to order substitution. The principle promotes efficiency and finality. The deceased party’s interest may be represented by successors. The court will not allow death to frustrate the action. The rule applies to all civil proceedings.