LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Ascertainment of Locus Standi from Statement of Claim
PRINCIPLE STATEMENT
In ascertaining whether the plaintiff or the plaintiffs have standing to initiate the proceedings, the statement of claim should be looked at.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at p. 14; Paras A–B.
"In ascertaining whether the plaintiff or the plaintiffs have standing to initiate the proceedings the statement of claim should be looked at."
EXPLANATION / SCOPE
Locus standi is determined by examining the statement of claim alone. The merits of the case are irrelevant to standing determination. The principle applies to civil procedure. The rule focuses on whether the plaintiff has alleged sufficient interest, not whether the claim will succeed. The court looks at the nature of the right asserted. The statement of claim reveals the plaintiff’s interest.
