LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Corporate Right of Family or Ruling House to Sue in Representative Capacity
PRINCIPLE STATEMENT
When an action is instituted by representatives of a family or Ruling House in respect of corporate interest, the real plaintiff is the family or Ruling House, not the individuals. Locus standi should be broadly determined with due regard to the corporate interest being protected.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at pp. 9–10; Paras E–B.
"It is right to say that when an action has been instituted by representatives of a family or a Ruling House, either in land matters or chieftaincy matters as appropriate, and facts are pleaded and reliefs are claimed indicating that it is in respect of the representative or corporate interest in the subject-matter, then the real plaintiff or plaintiffs should be seen as the family or Ruling House and not the individuals who have sued in a representative capacity. Such individuals appear on record as suing for the class or family or Ruling House (as in this case) of which they are members. There should, therefore, not be any confusion as to who is the entity suing. The locus standi should be broadly determined with due regard to the corporate interest being sought to be protected, bearing in mind who the real plaintiff is, or plaintiffs are."
EXPLANATION / SCOPE
In representative actions, the real plaintiff is the family or Ruling House, not individual named plaintiffs. Locus standi is determined broadly by protecting corporate interest. The principle applies to chieftaincy and land matters. The rule recognizes group rights in corporate entities. Individual representatives sue on behalf of the collective. Standing derives from membership in the affected group.
