LEGAL PRINCIPLE: FAMILY LAW – Family Property – Capacity of a Family Member to Sue for Protection
PRINCIPLE STATEMENT
It is well settled that any member of a family has capacity to sue to protect family property. The action is properly constituted if the plaintiff is a family member.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Haladu Dadi v. Idi Garba (1995) NLC-151989(SC) at pp. 9–10; Paras B–C.
"It is now well settled that any member of a family has capacity to sue to protect family property… That is all plaintiff did in these proceedings. It is not denied that he is a son to Garba, the original owner of the house in dispute. I hold that the action was properly constituted."
EXPLANATION / SCOPE
A family member has standing to sue to protect family property without express authorisation from all members. The principle applies to customary family property. The plaintiff must show that he is a member of the family. The action is properly constituted even if other family members are not joined. The court may order joinder of other family members if necessary. The rule prevents the dissipation of family property. The defendant cannot challenge the plaintiff’s capacity merely because other family members did not join. The principle promotes access to justice for family members.