Bayo asked 10 years ago
Claimants claim that the 1st defendant is not the head of the family and that therefore the 2nd defendant can not be the Oloye elect. Claimants claim they are the real head of the family and Oloye elect respectively. With the death of the 1st defendant can the court still go on with the suit as the 2nd defendant is alive?
1 Answers
Imran Oladapo Shitta-Bey Staff answered 10 years ago
Our Rules provides for substitution of deceased parties as long as the suit can survive the deceased. In this case, the cause of action should survive the 1st Defendant since the subject matter of the suit is the Oloye stool which remains with the 2nd Defendant.
Please login or Register to submit your answer