KARUFI YINUSA ABAMO...
 

KARUFI YINUSA ABAMO &ORS V MR SAIBU AYINDE BAMIGBOSE &ors (2016) LPELR 41947 CA  

 

 Anonymous
Joined: 50 years ago
Posts: 0
11/06/2019 10:01 am  

ACTION - LEGAL PERSONALITY: Position of the law on the legal personality of a dead person 

"A dead person ceases to have any legal personality from the moment of death and as such can neither sue nor be sued either personally or in a representative capacity. Where however the cause of action survives the death of a party, such action is not terminated by death. This principle also applies to an appeal. See the case of Mzom vs. Jinadu (1987) 1 N.W.L.R. (pt. 51) pg. 533. The right to appeal may survive a deceased party to a cause or matter but such right must be exercised by a living person or persons." 

Source - law pavilion


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