LEGAL PRINCIPLE: CIVIL PROCEDURE — Parties — Death of Party — Effect on Orders Made
PRINCIPLE STATEMENT
An order of injunction against a deceased person becomes otiose upon his death, as the court cannot enforce an order against a dead person.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC) at p. 12; Paras C–D.
"The order of injunction granted against him by the trial court, not to turban the 1st appellant as Chief Imam of Okengwe, which was sustained by the Court of Appeal, on 20th May, 1996 cannot be upheld by this court, as the order by reason of the death of the 2nd appellant has become otiose."
EXPLANATION / SCOPE
A court order against a deceased person becomes otiose (of no effect) upon death. The court cannot enforce an order against a dead person. The order is not binding on the deceased’s estate unless it concerns property. Personal orders (e.g., injunctions against conduct) lapse upon death. The principle applies to orders restraining a person from doing an act. The court will not uphold such orders on appeal after the party’s death. The rule ensures that courts do not make futile orders. The estate may continue the appeal if the order affects property. The court may substitute the legal representative. The principle is based on common sense and practicality.
