The law is well settled that no family member can institute an action for and on behalf of the family without the express authorisation of the family. The law is also settled that any member of the family may defend the action in respect of family land where the benefit of success goes to the entire members of the family.
– Tijjani Abubakar, JCA. Ajomagberin v. Salau (2018) – CA/L/256/2002
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In ALH MOH’D LAYINKA GALADIMA OF ILORIN & ORS Vs. ATTORNEY GENERAL OF KWARA STATE & ORS (2004) LPELR-12626 (CA) this Court per MIKA’ILU (JCA) (of blessed memory), while dealing with whether a member of a family can institute a representative action without authorisation said as follows: It is trite that no member of a family can institute an action for and on behalf of the members of the family without the consent or authorisation of the family, but any member can personally defend it family land though the benefit of his success goes to the entire members of the family.
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