NJOKANMA & ORS. V. OKONJI & ORS.

• Pages: 138-145

138

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NIGERIAN SUPREME COURT CASES

[1989] 3 N.S.C.C.

I entirely subscribe to the view expressed by my learned brother, Nnaemeka-Agu,

J.S.C., in the lead judgment that the appellant is not entitled to a refund of the one

month's salary he paid in lieu of notice as this could not be said to be in the

contemplation of the parties and therefore too remote.

As offered by the respondent in Exhibit D the damages covering the period will 5

be calculated on the following scales of salary:-

1.

From.15/10/76 - 31/3/77 at N-7,104.00 per annum =

2.

From 1/4/77 - 15/8/78 at N12,000 per annum



=

N 3,246.00

N16,500.00

10

Total

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=



N.19,746.00

I shall therefore also allovithe appeal set aside the award made by the Court of 15

Appeal, and in place thereof I award N-19,746.00 to the appellant.

I abide by the consequential order as to costs made in the lead judgment.

Appeal allowed.

20

NJOKANMA & ORS. V. OKONJI & ORS.

25



GEORGE NJOKANMA & ORS.



APPELLANTS

V



OBI NWANZE OKONJI & ORS.



RESPONDENTS

SUIT NO. SC 35/1989

SUPREME COURT OF NIGERIA

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30

ESO,



J.S.C.

UWAIS,



J.S.C.

OPUTA,



J.S.C.

AGBAJE,



J.S.C.

CRAIG,



J.S.C.



35

11th July, 1989

Practice and Procedure - Representative Action - Parties - Death of unnamed parry- Effect.

Appeal - Application for extension of time - Sufficient ground for grant

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40

Words and Phrases - Representative Action - Meaning of

ISSUES:

1.

What will constitute a representative action?

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45

2.

Does an appeal in a representative action abate on the death of all the named

parties?

3.

What should the court consider in granting an extension of time within which to

appeal?

FACTS:

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50

The Plaintiff brought an action in a representative capacity in the High Court for

themselves and on behalf of Ogbeide family against the defendants in a repre-

sentative capacity for themselves and on behalf of Umuodogwu family Ogboli Ibusa.

The Original defendants died one after the other and the last of them died on the 7th

of December, 1988. On the 21st of March, 1989 an application was brought for

substitution of new defendants for those original deceased defendants.