OBIODE & ORS. V. OREWERE & ORS.

• Pages: 44-52

44



NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

OBIODE & ORS. V. OREWERE & ORS.

1.

OKPUTU OBICDE

2.

EDHU IDUDHE

3.

OKOREBE EDJO

4.

GOVERNOR EGHA

5.

ERHOBO OKPE

6.

OFIKPOKPO OTUGHO



APPELLANTS

V

1.

UKPE OREWERE

2.

UGHOJOR ARIADO

3.

ABERIJE URIKO



RESPONDENTS

(For themselves and on

behalf of the people of

Bethany-Ehao Village, Enhwe,

Isoko Division)

SUIT NO. SC 10/1981

SUPREME COURT OF NIGERIA

SOWEMIMO,



J.S.C.

BELLO,



J.S.C.

OBASEKI,



J.S.C.

ESO,



J.S.C.

UWAIS,



J.S.C.

26th February, 1982

Civil Action - Practice and Procedure - Joinder of parties - Conditions for -

Bendel State High Court (Civil Procedure) Rules (cap. 65 laws of Bendel

State of Nigeria 1970 0. 7 r.9. - Appeals - Whether points not raised in the

Courts below can be raised for the first time in the Supreme Court.

35

ISSUES:

1.

What is the procedure for joinder of parties in a representative action in Bendel

State High Court?

2.

Whether points not raised in courts below can be raised for the first time in the

Supreme Court.



40

FACTS:

The plaintiffs had brought a representative action against ten defendants (six

of whom are now the appellants) who belonged to the Owodokpokpo village, lg-

bide in lsoko division of Bendel State on an allegation that they had spearheaded

the attack on and the burning of the town hall belonging to the Bethany-Ehao Vil-



45

lage Enhwe, also in lsoko division.

The Plaintiffs applied to the High Court under Or.7 r.9 of the Bendel State High

Court (Civil Procedure) Rules Cap. 65 of the Laws of Bendel State of Nigeria seek-

ing leave for the defendants to defend the actions for themselves and on behalf of

the Owodokpokpo Community. The trial Judge granted leave for only the 1st to



50

the 3rd defendants to defend the action for themselves and on behalf of Owo-

dokpokpo village, and refused the order in respect of the 4th to the 10th defend-

ants, who were ordered to defend the action for themselves only. Subsequently,

the case was heard and the claim against all the defendants was dismissed. The

5

10

15

20

25

30