CaseLaw
Oloriode V. Oyebi (1984) CLR 5(e) (SC)
Judgement delivered on May 4th 1984
Brief
Facts
There were two actions in the court of trial. They were consolidated. Both actions were for declaration of title, possession, trespass and injunction. The plaintiffs in the first action brought their action on behalf of Agbenaje Family. The four defendants were sued in their individual capacity but these individuals were members of the Ogadubu Family.
Now, the second action was brought on behalf of the Ogadubu Family (not as individuals who were sued as defendants in the first action). The defendants in the second action were not the Agbenaje Family as such (that is plaintiffs in the first action) but individuals who happened to be members of that family.
Curiously too, the pleadings of the Ogadubu Family, plaintiffs in the second action, show that the land they claimed for Ogadubu Family never vested in the Ogadubu Family but in a completely different family - the Ajayi Odofin Family which comprises of descendants Ajanaku (one of whom was Ogadubu) and the descendants of Onsegun.
Now, the learned trial Judge having heard evidence and after a really painstaking assessment, dismissed both actions. If the wrong plaintiffs brought an action before the court, what should the court have done? Is it a matter for dismissal as the trial court has done or one for striking out. Indeed that is the question this court is called upon to answer.
Issues
Whether the court ought to have adjudicated in the matter considering the fact...