LEGAL PRINCIPLE: CIVIL PROCEDURE – Locus standi – Requirements for suing in a representative capacity
PRINCIPLE STATEMENT
For an action to lie in a representative capacity, three requirements must exist: (a) there must be a common interest; (b) there must be a common grievance; (c) the relief claimed must be beneficial to all.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Elendu v. Ekwoaba (1998) NLC-621995(SC) at p. 13; Paras C–D.
"For an action to lie in a representative capacity the following must exist:- (a) there must be a common interest; (b) there must be a common grievance; (c) the relief claimed must be beneficial to all."
EXPLANATION / SCOPE
Representative actions require common interest, common grievance, and beneficial relief. The principle applies to class actions. The court must be satisfied that the representative adequately represents the class. The rule promotes efficient litigation. The judgment binds all class members. The principle is well-established.