CIVIL PROCEDURE — Locus Standi — Necessary Averments for Chieftaincy Claim
Ratio Decidendi
Per Adekeye, JSC (citing Momoh & Anor v. Olotu (1970) 1 All NLR 117), in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 9; Paras D—E:
"It is not enough for the plaintiff to state that he is a member of the family; he has to state further that he has an interest in the chieftaincy title, and furthermore, state in his statement of claim how his interest in the chieftaincy title arose."
Explanation / Scope
This principle establishes that in a chieftaincy claim, the plaintiff must not only state membership of the family but also state their interest in the chieftaincy title and how that interest arose. The principle applies in chieftaincy disputes. It ensures that the plaintiff pleads sufficient facts to establish locus standi. The principle reflects the requirements for a chieftaincy claim. It prevents vague claims. The court must require specific averments. The principle provides guidance on locus standi in chieftaincy matters.