LOCUS STANDI – WHAT THE COURT SHOULD CONSIDER IN THE DETERMINATION OF WHETHER OR NOT A PLAINTIFF HAS LOCUS STANDI  

 

JBA
 JBA
Joined: 10 months ago
Posts: 54
11/10/2019 10:30 am  

“A trial Judge, in order to ascertain whether the Plaintiff in the action has locus standi, has only to satisfy himself that the Statement of Claim does or does not disclose that a cause of action vests in him. In deciding the issue the trial Judge looks only into the statement of claim: Adefule v. Oyesile (1989) 5 N.W.LR 377 at 418; Adesokan v. Adegorolu (1997) 3 S.CNJ 1 at 15Let me add, as it decided in Owodunni v. Registerred Trustees Of C.C.C. (2000) 10 N.W.L.R (Pt. 675) 315 at 338 and 357that at this stage it is not necessary for the trial Judge to consider whether there is a genuine case on the merits. The determination of the question whether the Plaintiff has, or has not, disclosed his locus standi to institute his suit is quite distinct from the merits of the case.” 

PER E. EKO, J.S.C. in Adeokin Records & Anor V Musical Copyright Society Of Nigeria (Ltd/Gte)  LER [2018]SC.336/2008 https://legalpediaonline.com/adeokin-records-anor-v-musical-copyright-society-of-nigeria-ltd-gte/


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