OGAMIOBA & ORS V. OGHENE & ORS

• Pages: 51-56

OGAMIOBA & ORS V. OGHENE & ORS.

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51

For the reasons given in this judgment the appeals of both appellants are

allowed. The convictions are quashed, the sentences set aside, and verdicts of

acquittal entered in respect of the two counts on which the appellants were con-

victed. The appellants are discharged.

5

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Appeal allowed.

OGAMIOBA & ORS V. OGHENE & ORS.

10

OTUGUOR OGAMIOBA & ORS

for themselves and on

15 behalf of OKPE URHOBO

COMMUNITY, Sapele

V

CHIEF D.O. OGHENE & ORS

20 FEDERAL SUPREME COURT.

BRETT,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

15th March, 1961.

25

APPELLANTS

RESPONDENTS

SUIT NO. FSC 61/1960

Civil Action - Practice and Procedure - Western Region - Plaintiffs suing in

representative capacity - Whether need for authority

Appeals - In civil cases - Appeal from interlocutory order by leave

30

Legislation - Western Region High Court (Civil Procedure) Rules, 0.7. R.9 - Federal

Supreme Court Appeals Ordinance, s.6(b) - Nigeria (Constitution) Order in

Council, 1960. s.S.

35

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Constitutional Law - Interpretation of statutes - Repeal - Effect on pending

proceedings

ISSUES:

1.

Whether an appeal validly brought is affected by the subsequent repeal of the

40

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enactment under which it was brought.

2.

Whether the relief sought in a representative suit must be beneficial to all whom

the parties propose to represent.

3.

Whether a plaintiff in a representative action must obtain the consent of the

people he represents.

45 FACTS:

The plaintiffs/appellants applied for and obtained leave to sue in a repre-

sentative capacity. At the time of the application neither counsel nor the court were

aware that the previous rule as to such action had been replaced by Order 7, Rule

9 of the Western Region High Court (Civil Procedure) Rules (which is identical with

50

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Order 16, Rule 9 of the Rules of the Supreme Court of England. This rule provides

as follows:-