CIVIL PROCEDURE — Parties — Representative capacity — Head of family defending family property
Ratio Decidendi
Per Ogbuagu, JSC, in Sapo & Anor v. Sunmonu (2010) NLC-123-314-2001(SC) at p. 11, paras. C–D:
"The law is settled that a head of a family, can take action to protect family property or defend an action in respect of family property, even without the prior authority of other members of the family. So also, any member of a family, may take steps, to protect or defend family property or his own interest in it."
Explanation / Scope
This principle establishes that a head of family can protect or defend family property without prior authority from other members, and any family member may also take steps to protect family property or their own interest. The principle applies in family land disputes. It ensures that family property is protected. The principle reflects the representative capacity of the head of family. It prevents family property from being left unprotected. The court must recognize the authority of the head of family. The principle provides guidance on defending family property.