LEGAL PRINCIPLE: CIVIL PROCEDURE — Representative Action — Authorisation — Requirement of Authorisation by Persons Represented
PRINCIPLE STATEMENT
The authorisation for a person to sue on behalf of others must be given by the other persons or community interested in suing; court approval is also required.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ndulue v. Ibezim & Anor (2002) NLC-1831997(SC) at p. 13; Paras B–D.
"It is plain that under the above rule of court, while the approval of the court is required for a party to sue or to defend a suit in a representative capacity, the authorisation to sue or to defend in such a representative capacity is to be given by the other persons interested to sue or to defend. In other words, the authorisation for a person to sue on behalf of others must be given by the other persons or community interested in suing, and the authorisation for a person to defend on behalf of others must be given by the persons or community interested in defending in such a suit for the benefit of or on behalf of all the parties so interested."
EXPLANATION / SCOPE
A representative action requires both: (1) authorisation by the persons or community represented; and (2) court approval. The authorisation must come from those interested, not merely from the representative. The principle ensures that the representative truly acts for the group. The court must be satisfied that the representative is suitable. The rule applies to both plaintiffs and defendants. Lack of proper authorisation renders the action incompetent. The court will strike out the representative action. The principle protects the interests of absent parties. The rule is found in the rules of court. The representative must act in the interest of all represented.
