It is fundamental that a person who institutes an action in court must be competent to do so and in the case of Ajao v. Sonola and another delivered on the 10th May, 1973 [See pante] this Court observed thus with respect to the issue of competence:- “We think it is settled that competency to institute an action is an essential or indeed a vital factor in deciding the competency of the action itself, and if challenged by a defendant, the plaintiff has the onus of establishing it. “See also Lawal and others v. Younan and Sons and Co.  All N.L.R. 245 at p. 254.
— G.B.A. Coker, JSC. Vadis Hotel v. Commr. of Lands (1973) – SC.20/1973