Ozomagbo Ubagu & Ors V Chief Ozonechi Okachi & Ors (1964)

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BRETT JSC 

It is further said that in any event, since the defendants were not sued as representatives of the whole of Awha people, the Judge was wrong in making an order against the whole of the Awha people.

The High Court of Eastern Nigeria has no power to direct anybody to defend an action in a representative capacity but it is perfectly plain that the defendants have throughout the litigation been fighting the battle of the Awha community and we do not propose to vary the judgement of the High Court at their instance.

If any of the other people of Awha consider themselves aggrieved by the order of the High Court, they are persons having a right of appeal under section 117(6)(a) of the Constitution of the Federation and it is for them to exercise that right if they wish to obtain a variation in the judgement of the High Court.

The cases of Anlaby v. Praetorius (1888) 20 Q.B.D. 764 and Hughes v. Austin [1894] 1 Q.B. 667 on which Mr Araka for the appellants relied, are not an authority for saying that a named defendant may appeal for the purpose of protecting the interests of a third party who has an independent right of appeal.”

Other Citation: (1964) LCN/1179(SC)