"Luckily for me, in the course of writing this Judgment, I came across the TEXT CIVIL PROCEDURE
IN NIGERIA SECOND EDITION, BY FIDELIS NWADIALO, SAN at pages 122 ??? 123??? where the
learned Author of blessed memory commenting on the heading: ???Defence of Family or Communal
Property by An Individual???,
Posited:
A person may institute an action for the preservation of a property which he owns jointly with
others or for his own interest in it. A family land is an example of such property. A member of the
family may thus sue in personal capacity to safeguard the land. One of the issues in. Sogunle And
Others V. Akerele And Others. (1967) NWLR 58; was whether the Plaintiffs were right in suing for
declaration that the land in dispute was their family land. the Supreme Court answered the question
in the affirmative, holding that a member of family may take steps to protect family property or his
interest in it but that if had not the authority of the family to bring the action, the family would, of
course, not be bound by the result, unless for some reasons the family was stopped from denying
that the action was binding??? per Onyeama, JSC at Page 60 of the Report.
To lay to rest this spurious objection of the learned Counsel nay this frivolous Appeal Order 13
Rule 12(1) of the High Court of Imo State (Civil Procedure) Rules, 2008 in anticipation of
developments of this nature as proffered by the learned Counsel for the Appellant, has provided in
very clear terms that:
12(1) where more persons than one have the same interest in one suit, one or more of such
persons may sue or be sued on behalf of or for the benefit of all person so interested.
Again to also lay to rest the question of legal personality of a family? Order 13 Rule 13(1) has made
provision for representation of persons or classes of persons in certain proceedings concerning
(a) administration of estate or
(b) property subject to a trust or
(c) land held under customary law as family or community property.
Where the persons or class of person members of the class can be ascertained or not ascertained,
for the Court for purposes of expedient and efficient procedure, to appoint one or two persons to
represent the person or group/class or member of such Class of persons.
Under Rule 4 of Order. 13 of the Rules: ???(4) In the Rule, the word ???class??? includes the persons
recognized by Customary Law as members of a family or as members of a land owning
community.
With the above provisions of the Imo State High Court Rules and other Judicial authorities and
texts cited of the Respondent was proper and proper parties with the requisite legal personalities
empowered the Respondent on behalf of their family to institute the action to protect their joint
family property.

Per. Aguba J.C.A. In MTN NIGERIA COMMUNICATIONS LTD v. EMEGANOCITATION: (2016) LPELR-41090(CA)