LEGAL PRINCIPLE: CIVIL PROCEDURE — Representative Actions — Failure to Obtain Leave to Sue in Representative Capacity Not Fatal
PRINCIPLE STATEMENT
The rule on representative actions is a rule of convenience, not rigid. Failure to obtain leave to sue in a representative capacity is therefore not fatal to the action.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Unibiz Nigeria Limited v. Commercial Bank Credit Lyonnais Ltd. (2003) NLC-152001(SC) at p. 6; Paras A–C.
"The rule as to representative action is a rule of mere convenience and so it ought not to be treated as rigid but as a flexible tool of convenience in the administration of justice. Failure to obtain leave to sue in a representative capacity is therefore not fatal to the action."
EXPLANATION / SCOPE
Representative action rules are flexible, not rigid. The principle applies to civil procedure. Failure to obtain leave is not fatal. The rule promotes access to justice. The court may allow the action to proceed. The principle is well-established.