Notifications
Clear all

INSTITUTION OF AN ACTION - CONDITION PRECEDENT TO THE INSTITUTION OF AN ACTION

1 Posts
1 Users
0 Reactions
356 Views
Joined: 1 second ago
Posts: 0
Topic starter  

“Locus Standi is a condition precedent to instituting an action before a Court of law. It is a legal voice with which the Plaintiff amplifies his legal rights over and above those of ordinary men. The issue of locus standi constitutes a condition precedent to the institution of any action before a court of Law. For an action to be maintainable, the person instituting it must have legal capacity, otherwise the court is robbed of necessary jurisdiction to entertain it. Whenever the issue of locus standi is raised, the Court before whom the action is pending is under a duty to determine it first before going into the merit of the action itself. see also the case of A.G Federation Vs Abubakar (2007) 10 NWLR (Pt.1 041) 1 at 75; Adewunmi Vs Ogebelle (1983) 4 WCLR (Vol.4) 662 at 677 where the Court further extended the frontiers of locus standi to the effect that a general interest common to all members of the public is not a litigable interest to allow standing and that a citizen, without more, has no locus”. 

 

PER S.D.BAGE, J.S.C IN THE CASES OF CHIDI B. NWORIKA VS MRS. ANN ONONEZE-MADU & ORS;Legalpedia Electronic Citation: LER [2019]SC.307/2008


   
Quote
Share: