ATANDA & ANOR. V. AKUNYUN & ORS.

• Pages: 10-22

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NIGERIAN SUPREME COURT CASES

[1988] 3 N.S.C.C.

In the final result, ft was for the reasons given above and for the fuller reasons of

my learned brother Kawu, J.S.C. which I earlier on adopted as mine that I allowed

this appeal on the 23rd of June, 1988.

BELGORE, J.S.C.: I

had a preview of the lead reasons for judgment by my learned

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brother, Kawu, J.S.C., with which I agree entirely. I also set aside the conviction and

sentence of the appellant and allowed the appeal for the same reasons advanced in

the lead reasons for judgment.

Appeal allowed:

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ATANDA & ANOR. V. AKUNYUN & ORS.

15

CHIEF OTOOLA ATANDA & ANOR.

V

TAIWO AKUNYUN & ORS.

EX PARTE

1.

DARAMOLA OLAWORE

2.

SANGODOKUN AKANBI

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

NNAMANI,



J.S.C.

KAWU,

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J.S.C.

OPUTA,

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J.S.C.

BELGORE,

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J.S.C.

7th October, 1988

APPELLANTS

RESPONDENTS

APPLICANTS/INTERESTED

PERSONS SOUGHT TO BE

JOINED AS PLAINTIFFS/

APPLICANTS.

SUIT NO. SC 18/1988

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Practice and Procedure - Parties - Representative Actions - Import, extent - Unilateral

withdrawal by party appealing in representative capacity - Effect - Represented persons

- Right to continue case.

ISSUES:

1.

What is the importance and extent of a representative action?

2.

Whether the unilateral withdrawal by a person appealing in a representative

capacity is a bar to the appeal being continued in a representative capacity by

others having interest in the subject matter.

FACTS:

The entire members of Ogan Community, represented by their two leaders in-

stituted an action in the Oyo State High Court against the members of Kisanifa

House, living in Ogan quarters land. The trial court dismissed the action of the plain-

tiff and the surviving representative of Ogan Community (the other had died) ap-

pealed to the Court of Appeal against this judgment. The appeal was duly filed but

the surviving representative then withdrew the appeal.

Two members of the Ogan Community then filed notice of appeal as interested

persons seeking to be joined as parties. They attached a memorandum of consent

by Ogan Community authorising them to be their representatives in the appeal and

also a memorandum by the two (themselves) as consenting to be such repre-

sentatives. The two members relying on s.222 of the 1979 Constitution, Order 3 Rule

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