Principle

CIVIL PROCEDURE β€” Representative Actions β€” Same Person as Plaintiff and Defendant β€” Person Suing Representative Defendant Deemed Excluded from Represented Class

Area of law
Okeahialam & Anor v. Nwamara & OrsΒ (2003) NLC-1961999(SC)
Court
Supreme Court

A person cannot be both plaintiff and defendant. The principle applies to representative actions. The plaintiff is deemed excluded from the represented class of defendants. The rule resolves the apparent conflict. The action is not incompetent. The principle is well-established.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.