Appellant is the full brother of one Alhaji Jimoh Ishola Amodu who died intestate on 30th March, 1987 leaving 10 children and seven widows.

Appellant and one of the widows sued respondents who are some of the children of the deceased claiming a declaration that the children of the deceased are all entitled to the estate of the deceased, an order partitioning the said estate among the children.

Following service of the writ of summon, 2nd plaintiff filed an application praying the court to strike out her name as the 2nd plaintiff in the suit on the grounds that she has no cause of action against the defendants and that she did not authorizes the 1st plaintiff or any other person to institute on her behalf any action against the respondents who are the brothers and sisters of her children.

The trial court stuck out her name on 11th July, 1988. There was therefore only one plaintiff.

At close of pleadings the respondents filed another application under Order 22 rules 2 and 3 of the High Court of Lagos State (Civil Procedure) Rules to dismiss the action on the ground that the statement of claim disclosed no reasonable cause of action. The trial judge dismissed the appellant’s claim on the ground that he had no locus standi to institute the action.

Dissatisfied with the ruling the appellant appealed.