LEGAL PRINCIPLE: FAMILY LAW – Locus Standi of a Family Member to Protect Family Property – Right of Every Family Member to Institute Action for Wrong to Family Property
PRINCIPLE STATEMENT
Every member of a family has an interest in family property and is under a duty to protect such property; therefore, every family member possesses locus standi to institute an action in respect of wrong done to family property.
RATIO DECIDENDI (SOURCE)
"Every member of the family, has an interest in family property and is under a duty to protect such property. There is therefore a locus standi to institute an action in respect of wrong done to such a property."
EXPLANATION / SCOPE
This principle recognizes that under customary law, family property is held communally with each member having beneficial interest, even if not possessing individual title. This interest creates both a right and duty to protect family property from dissipation, unauthorized alienation, or other wrongs. Unlike corporate law where only the corporation sues for corporate property, family law permits individual members to sue to protect collective interests. The principle prevents family property from being left unprotected when family leadership fails to act or is complicit in wrongdoing. Any member, regardless of seniority or authority within the family, has standing to seek judicial protection of family assets. This promotes accountability in family property management and provides a check against abuse by family heads or senior members.