With respect to the claim of the 3rd claimant (now deceased). It is clear from the record of Court dated 28th of June, 2018 that the 3rd claimant in this suit is deceased and this Court by an application made on his behalf by counsel, struck out the name of the 3rd claimant. This is in view of the trite position of the law that a dead person ceases to have any legal personality from the moment of death and in such a case can neither sue nor be sued. However the exception to the general principle is where the cause of action survives the death of a party, such action cannot be terminated by the death of either party. Crbrda v Sule [2001] 6 NWLR, (PT 708), 194 AT 204. The above principle is tied around the latin maxim “action personalis moritur cum parsona” which means a personal right of action dies with the person. The Incorporated Trustees of the Jamat-ul-Muslimeen Council of Lagos & ors v Honourable Chief T.A Bankole Oki & ors [2010] 1 NWLR (PT 1176) 616 at 624. This is because the 3rd claimant’s claims are in personam which would require the presence of the claimant now deceased for the prosecution of this suit without which there cannot be any legal decision validly reached. It is upon this premise that I dismiss the claim of the 3rd claimant.
— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016