—Compiled by Lkite Jegede Anjolaoluwa
ACTIO PERSONALIS MORITUR CUM PERSONA: This Latin expression literally translates to "The personal action dies with the person". This in other words means a personal right of action dies with the person.
Some legal causes of action can survive the death of the claimant or plaintiff that is the actions of the tort are not destroyed by the death of the injured person or the injuring party.
However, there are some actions that are personal to the plaintiff, defamation of character being an example. Defamation is the act of injuring another person's reputation by any slanderous communication, written or oral; it is maliciously injuring one's good name.
In the case of defamation of character, the rule stipulates that dead men are no longer identified as legal persons in the law's eyes and no longer have legal personalities.
In Abdulmumini v Mela (2017) LPELR-CA/J/18/2012, the appeal was dismissed due to the demise of the original respondent.
The above maxim reiterates the fact that there are certain rights and obligations which are personal to the individual and cannot be transferred or inherited by another person after the death of the original holder of those rights.
This principle therefore propagates integrity and fairness in the legal system.
It is worth noting that when an action relates to the private character of the plaintiff, it comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives.
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