“The basis of a claim under S. 3 of the Torts law is the survival of a right of action. The Kaduna State Torts Law Cap 152 provides in S. 7 (1), (2) and (3) as follows: 7. (1) IF the deceased was immediately before his death subject to a system of customary law or Islamic law relating to administration of estates the action shall be brought at the option of his immediate family, by and in the name of such person as the Court is satisfied is under the customary law or Islamic law, entitled or empowered to represent the deceased person or his estate. (2) The action shall be brought and in the name of the executor or administrator if the deceased person was not Subject to a system of customary law or Islamic law. (3) If a) there is no executor or administrator of the deceased; or (6) no action is brought within six months after the death by and in the name of an executor or administrator of the deceased, the action may be brought by and in the name of all or any of the persons for whose benefit the action would have been brought. It follows therefore that the Respondent was entitled to sue if the deceased would have a right of action against the Respondent if he had not died. In Bello & Ors. v. A. G. Oyo State (supra), Karibi-Whyte JSC, held thus at pg. 1284 – 1285 of the NSCC” Per HELEN MORONKEJI CGUNWUMIJU, JSC in NEPA V. MALLAM MUHAMMAD AUWAL (2022-LCER-46637-SC) at Pp. 38-39, Paras. F-E.