GUIDING PRINCIPLES ON LOCUS STANDI

CASE TITLE: ADEKOYA v. ADEGBAYI & ORS (2018) LPELR-46018(CA)

JUDGMENT DATE: 3RD DECEMBER, 2018

PRACTICE AREA: CIVIL PROCEDURE

LEAD JUDGMENT: ABUBAKAR MAHMUD TALBA, J.C.A.

SUMMARY OF JUDGMENT

INTRODUCTION:

This appeal borders on the issue of Locus Standi.

FACTS:

This is an appeal against the Ruling of Hon. Justice Mashud A. A. Abass, Judge of the High Court of Oyo State holden at Ibadan, delivered on the 9th July, 2012. Before the trial Court, the Appellant was sued by the Respondents, wherein they claimed ownership of the abandoned road beside the Appellant’s land. The Appellant filed a preliminary Objection challenging the jurisdiction of the trial Court on the ground that the Respondents lack the locus standi to institute the action. Arguments of counsel in support and in opposition to the preliminary objection were heard. In a considered ruling, the learned trial Judge dismissed the preliminary objection as lacking in merit.

Aggrieved by the ruling, the Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The appeal was determined on the Respondent’s issues viz:

Whether the ground 1 of the notice of appeal filed in this appeal dated 16th July 2012 (pages 40 – 42 of the record) is a valid and competent ground having regard to the fact that the complaint contain thereon does not arise from the Ruling of the lower Court.
Whether the lower Court was right in its Ruling dated 9th July, 2012 that the statement of claim filed by the Respondents/Claimants disclose that the Respondents/Claimants possess the locus standi to institute the action at the lower Court.

DECISION/HELD:

The Court of Appeal held that “Everything done by the Appellant was premature, hurried and misconceived”. The appeal was therefore unanimously dismissed for lack of merit.

RATIOS: