OZOMAGBO UBAGU & ORS V CHIEF OZONECHI OKACHI & ORS
(1964) LCN/1179(SC)
In the Supreme Court of Nigeria
Friday, February 28, 1964
Case Number: : FSC 158/62 HU/128/61)
JUSTICES:
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
APPELLANTS
OZOMAGBO UBAGU & ORS
RESPONDENTS
CHIEF OZONECHI OKACHI & ORS
RATIO
REPRESENTATIVE SUITS
“…A party cannot be heard to complain that it was not party to a suit and as such the judgement cannot bind him where the parties in that suit held themselves to be acting on his behalf. – Per BRETT J.S.C.
BRETT JSC (DELIVERING LEADING JUDGMENT)
It is further said that in any event, since the defendants were not sued as representatives of the whole of Awha people, the Judge was wrong in making an order against the whole of the Awha people. The High Court of Eastern Nigeria has no power to direct anybody to defend an action in a representative capacity but it is perfectly plain that the defendants have throughout the litigation been fighting the battle of the Awha community and we do not propose to vary the judgement of the High Court at their instance. If any of the other people of Awha consider themselves aggrieved by the order of the High Court, they are persons having a right of appeal under section 117(6)(a) of the Constitution of the Federation and it is for them to exercise that right if they wish to obtain a variation in the judgement of the High Court. The cases of Anlaby v. Praetorius (1888) 20 Q.B.D. 764 and Hughes v. Austin [1894] 1 Q.B. 667 on which Mr Araka for the appellants relied, are not an authority for saying that a named defendant may appeal for the purpose of protecting the interests of a third party who has an independent right of appeal.” PER BRETT J.S.C.,
