Buraimo Adegbite V. Chief Imam Quadri B. Lawal Ashiru Oleolo (1948)
LawGlobal Hub Judgment Report – West African Court of Appeal
Trespass—Practice and Procedure—Defendants sued in representative capacity
—Order for representation made on application by plaintiffs—Defendants not
consenting thereto—Supreme Court (Civil Procedure) Ruks, Order 4 rule 3—
English Rules of the Supreme Court, Order 16 rule 9.
Facts
Under the English Rules of the Supreme Court, authority to defend in a representative capacity proceeds from the Court, and application for such authority may be made by either side.
Held
Under the Nigerian rules, while the approval of the Court is required, the authorisation is to be given by the other persons interested to sue or defend.
Appeal from the Supreme Court of Nigeria.
Respondents to have costs of this appeal assessed at 09 12s. Od. Judgment of the Supreme Court varied.
