MBANU V. MBANU

• Pages: 287-288

MBANU V. MBANU.

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287

MBANU V. MBANU.

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NWANYIEKE MBANU

V

10 GODFREY MBANU

IN RE: NWANYIEKE MBANU

EPHRAIM NNABUGWU

FEDERAL SUPREME COURT.

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UNSWORTH,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

7th November, 1961.

APPELLANT

RESPONDENT

DECEASED

APPLICANT

SUIT NO.FSC 84/1960

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Civil Action - Practice and Procedure - Parties - Substitution upon death of a

party - Sufficiency of interest of applicant in the proceedings - Non transmission

of deceased party's interest to Applicant.

Legislation- Rules of Supreme Court of Judicature (England). 0.16 r.46, 0.17 r.4

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- Nigeria (Constitution) Order i.i Council, 1960, Second Schedule, Constitution

of the Federation, section 110(1)1(a) - E.R. High Court Law, 1955, (E.R. No.27

of 1955). Section 15.

ISSUE:

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1. Whether a person, to whom a deceased party's interest in the subject matter of

proceedings has not been transmitted on the death of the party, can be

substituted as a party to the proceedings in the place of the deceased.

FACTS:

An appeal to the Supreme Court was perfected; but, before the appeal could

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be heard, the appellant died. One Ephraim Nnabugwu brought this application to

the Federal Supreme Court for leave to be substituted as the appellant.

The pleadings showed that the Applicant had such an interest in the subject

matter of the action as might have entitled him to be added as a party to the ac-

tion, and might also have entitled him to bring an appeal under subsection (6)(a)

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of section 110 of the Constitution of the Federation, 1960.

The Applicant did not apply to be made a party to the action; and, at the time

of the Appellant's death the time for appeal had expired; so that that course was

then closed to him. There was no transmission of the Appellant's interest in the

subject-matter to the Applicant upon the Appellant's death.

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HELD:

A person to whom a deceased party's interest in the subject- matter of pro-

ceedings has not been transmitted on the death of the party, will not, on his own

motion, be substituted as a party to the proceedings in the place and stead of the

deceased.

SO

Obi Okoye

for the Applicant.

Igun

for the Respondent.