"It is not in doubt that the juristic person who commenced the action in Suit No. HOW/12/2012 and in representative capacity (CHIEF JOSHUA AFOLABI ATANDAIRO) died before the filing of appeals against the decisions of the lower Court.
In law, legal rights of a deceased person ceased with his death. However, there may be a situation where such action will survive the dead party like the present case which was brought in a representative capacity. Hence, where the cause of action or right of appeal survives, it may be exercised by a living person.
This can be done by means of filing an application for substitution of the deceased party with living person(s) as the case may be.
See the cases of OJO V. AKINSANOYE (SUPRA) and AROWOLO V. AKAPO (SUPRA)." Per ABDULLAHI, J.C
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