SABBAH AND OTHERS vs. WORBI AND OTHERS

JUDGMENT OF HAYFRON–BENJAMIN J. When this appeal finally came on for hearing Mr. Bossman for the respondents raised the preliminary point that there is no appeal before the court on the part of the third and fourth co-defendants because they have no appealable interest. The case was between two opposing families. According to customary law the head of the family is the proper person to sue and be sued on behalf of the family. And where he does so, the interest represented by him is exhaustive, and any other person who join the head of family can represent no other interest. If therefore the case is decided against the family, the head of the family is the proper person to appeal, and no other person can do so. He placed strong reliance on the case of Medienhia v. Nyabi.1 In this case the head of family was admittedly E. T. Sabbah, the first defendant. The third and fourth defendants applied during the trial before the local court to be made co-defendants because they were interes.....