LEGAL PRINCIPLE: CIVIL PROCEDURE — Representative Actions — Same Person as Plaintiff and Defendant — Person Suing Representative Defendant Deemed Excluded from Represented Class
PRINCIPLE STATEMENT
The same person cannot be both a plaintiff and a defendant in the same action. In a representative action, the person who names himself as a plaintiff suing the defendant in a representative capacity must be deemed to have excluded himself from the class represented by the representative defendant.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Okeahialam & Anor v. Nwamara & Ors (2003) NLC-1961999(SC) at pp. 7–8; Paras E–B.
"The general rule is that the same person cannot be both a plaintiff and a defendant in the same action. However, in my opinion, that general rule, strictly understood, is only applicable to parties actually before the court. The distinction between the parties named in the proceedings and the persons represented in the proceedings is always present. ... in a representative action the person who named himself as a plaintiff suing the defendant in a representative capacity must be deemed to have excluded himself from the class represented by the representative defendant."
EXPLANATION / SCOPE
A person cannot be both plaintiff and defendant. The principle applies to representative actions. The plaintiff is deemed excluded from the represented class of defendants. The rule resolves the apparent conflict. The action is not incompetent. The principle is well-established.