LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Right of Person to Protect Family Interest in Property or Title
PRINCIPLE STATEMENT
A person has the right to protect his family interest in a property or title and can sue for himself and on behalf of the family in a representative capacity. There must be proof of substantial opposition to deprive them of representative capacity, done by motion not by way of defence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at pp. 7–8; Paras E–A.
"The law is that a person has the right to protect his family interest in a property or title and can sue for himself and on behalf of the family in a representative capacity. In the present case the plaintiffs have exercised that right by bringing this action. There must be proof of substantial opposition in order to deprive them of their representative capacity. This is done by motion and not by way of defence."
EXPLANATION / SCOPE
A person may sue both personally and on behalf of the family to protect family interest. Substantial opposition to representative capacity must be proved by motion, not defence. The principle applies to civil procedure. The rule protects family representatives from being stripped of capacity without proper challenge. The burden is on the opposing party to move the court. Representative capacity is presumed until successfully challenged.
