Parties To A Civil Litigation Flashcards
Agbomagbe bank v. General Manager, G.B. Ollivant.
Thus, non-existent persons cannot sue or be sued. If the defendant is not a legal person, the matter will be struck out for it is incompetent.
Green v. Green
A proper party has no interest in the case and the matter can be completely, effectually, logically and conclusively determined without the person, but such a person is joined as a party because of the particular role he played which led to the cause of action. The judgment of the court will not affect this party
Green v. Green
A desirable party is one who has an interest in the case and that interest notwithstanding, the court can completely, effectually, logically and conclusively decide the matter without such a person. Thus, a DP need not be joined as a party to the suit as it is not compulsory that he must be joined. It is only desirable that they be joined because the court is to make a pronouncement that will affect their interest.
Padawa v. Jatau
Nominal Parties: These are parties who are not really involved in the set of facts constituting the cause of action, but are made parties to the suit by virtue of the office they hold or occupy.
Green v. Green
Necessary Parties: These are persons who are interested in subject matter and in whose absence, the proceeding cannot be fairly dealt with.
See Order 13 rule 18 (2) of the High Court of FCT Abuja (Civil Procedure) Rules, 2018 and Order 15 rule 16 (2) Lagos State High Court (Civil Procedure) Rules 2019.
Mis-joinder on the other hand refers to when parties were improperly joined in an action either because they have no cause of action or any interest whatsoever in the suit. The court may at any stage of the proceedings and on such terms as may appear to the court to be just, order that the name or names of any party or parties improperly joined, whether as claimants or defendants be struck out.
