Ratio Decidendi

Per Adekeye, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at p. 10; Paras B—C:

"When in this circumstance, all the original parties are dead and the issue of the distribution of the estate is yet to be settled, the present parties who came into the matter by way of substitution granted by court must continue to keep the suit alive."

Explanation / Scope

This principle establishes that where all original parties are dead and the distribution of the estate is unsettled, substituted parties must continue to keep the suit alive. The principle applies where parties are substituted after death. It ensures that suits survive for the benefit of estates. The principle reflects the need to conclude matters. It prevents suits from abating. The court must allow substitution. The principle provides guidance on substitution of parties.

Cases Applying This Principle