LEGAL PRINCIPLE: CIVIL PROCEDURE — Representative Actions — Substitution of Parties — Court’s Power to Substitute Representative Plaintiff
PRINCIPLE STATEMENT
If the representative plaintiff falls out for any reason, the court has power to add or substitute any person represented though unnamed in the representative action and to bring him in as at the date of the original writ.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC (citing Supreme Court Practice 1993 para. 15/12/10), in Okoli & Ors v. Surveyor-General Anambra State (2002) NLC-571997(SC) at p. 16; Paras A–B.
"If the representative plaintiff should fall out for any reason, the court has power to add or substitute any person represented though unnamed in the representative action and to bring him in as at the date of the original writ."
EXPLANATION / SCOPE
In representative actions, the court may substitute a new representative plaintiff if the original representative is unable to continue. The substitution relates back to the date of the original writ. The principle ensures that representative actions do not abate due to the representative’s incapacity. The court has discretion to order substitution. The substituted person is treated as if they were the original representative. The rule applies to both plaintiffs and defendants. The represented persons are not named individually. The court will protect the interests of the class. The principle promotes continuity in representative litigation. The court may order substitution on application.