• The number of persons involved in a Representative action are identifiable whereas in a class action such persons cannot be easily ascertained.

  • In a REP Action there is need for authority from the persons to be represented, whereas in a class action no need for authority

  • In a Rep action leave of the court is sought, whereas in a class action no need for leave.

Class Action in Law

It is usually used where a wrong affect wide spectrum of persons. The difference between class action and representative action is that in the latter, persons involved are identifiable unlike class action where the persons involved are not determinable. (AG Lagos v. Tobacco company)

By Order 10 r 9 ABJ and Order 13 r 13 Lagos where in any proceedings, the person or class of persons or members of that class interested in the subject matter cannot be ascertained; or if ascertained, cannot be found, or if ascertained and found, it is expedient that one or more of them be appointed for the purpose of representing the class, the judge may make the appointment of such persons for the purpose of proceedings and the decision of the court shall bind all the persons so represented.
Under Order 10 r 9 Abuja, an action under class action is restricted to actions for declaration or injunctions only.