ORAGBADE & ORS. V. ONITIJU

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

ORAGBADE & ORS. V. ONITIJU

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5

S. ORAGBADE (for himself and )

on behalf of the Ifetedo

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APPELLANT/

Community

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CROSS RESPONDENT

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V

CHIEF S.J.M. ONITIJU,

the Obaloran of Ife

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RESPONDENT/

CROSS APPELLANT

SUIT NO. FSC 49/1961.

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FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

UNSWORTH

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F.J.

BAIRAMIAN,

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F.J.

11th January, 1962.

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Civil Procedure - Legal Capacity - Representative action - Authority to institute

- Representative plaintiff - Leave to defend counterclaim - W.R. High Court

(Civil Procedure) Rules, 0.7, r.7; 0.20 r.3. Rules of Supreme Court of judicature

(England), 1883, 0.16, r.9 - Representative Suit - Persons having common

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interest in the cause or matter.

Practice and Procedure - Appeals/Cross appeals.

Land Law - Declaration of title against class and representative plaintiff - Conflict

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of interests - Representative Plaintiff - Conflict of interests - Representative

Plaintiff/Class Plaintiff - Not entitled.

ISSUES:

1.

Whether a member of a class whose as an interest adverse and repugnant to

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those of the other members of the class can sue or defend on behalf of the

class in a representative capacity in relation to the

Res

subject matter of the

conflicting interests.

2.

Whether a ccunterclaim is a Cross-Action.

3.

Whether a plaintiff suing in a representative capacity can enter a defence to a

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counterclaim without obtaining a Court order, in Western Nigeria.

4.

Whether such a judgment obtained as per 3 above, birds the rest of the class.

5.

What is the effect of a declaration of title awarded against a person suing in

the wrong capacity?

6.

Upon what basis may a plaintiff bring a representative action on behalf of a

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class or a defendant be sued or allowed to defend in relation to the same cause

or matter?

FACTS:

These proceedings were brought by the plaintiff on his own behalf and on be-

half of the Ifetedo Community for a declaration of title on some farmlands alleged

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to be communal land. Defendant counterclaimed for a declaration of title to the

same land also for an injunction against the plaintiff and his servants or agents.