NECESSARY PARTIES TO AN ACTION

• Date: 06 February 2019

(1) "Necessary parties in an action in Court have been held to be those who are not only interested in the subject matter of the proceedings but also who in their absence, the proceedings could not be fairly dealt with. In other words, the question to be settled or determined in the action between the existing parties must be a question which cannot be properly settled unless they are parties to the action instituted by the plaintiff. See; Chief Abusi David Green v. Chief (Dr) E. T. Dublin Green (1987) 3 N.W.L.R. (Pt. 61) 480, (1987) L.P.E.L.R. 1338; Amon v. Raphael Tuck & Sons (1956) 1 Q.B.D. 357." - Per Ariwoola, J.S.C., in Olawoye v. Jimoh Suit No. S.C. 90/2005; (2013) 13 N.W.L.R. (Pt. 1371) 362 at 383.

(2) "Let me now advert to the proposition of law that a person to be joined in a proceeding as the instant one has to be someone whose presence is necessary as a party. See: Sosanya v. Onadeko (2000) 11 N.W.L.R. (Pt. 677) 34 and Hassan v. Atanyi (2002) 8 N.W.L.R. (Pt. 770) 581. It is settled by a plethora of cases that the only reason which makes it necessary to make a person a party to an action as in the instant application is that he should be bound by the result of the action. In addition, there has to be a question which cannot be effectively and completely settled unless he is made a party. See Green v. Green (1987) 3 N.W.L.R. (Pt. 61) 480; Lajumoke v. Doherty (1969) 1 N.M.L.R. 281, Okoli v. Ojiakor (1997) 1 N.W.L.R. (Pt. 479) 48 and Registered Trustees, C.A.C. v. Sadiku (2002) F.W.L.R. (Pt. 45) 24." - Per Chukwuma-Eneh, J.C.A., (as he then was) in Ezionwu v. Egbo Suit No. CA/C/140/ 2004; (2006) 5 N.W.L.R. (Pt. 973) 316 at 327.

(3) "In Caroforth Asaboro v. MGD Aruwaji & Anor. (1974) 6 S.C. 31 at 40, the Court held: "I am satisfied that whether an order for joinder is made ... the real test is whether the person to be joined will have his interest irreparably prejudiced if an order joining him as a party is not made." In Amon v. Tuck & Sons Ltd. (1956) 1 All E.R. 273 at 287 Delvin, J. held, inter alia: "The only reason which makes it necessary to make a person a party to an action is so that he should be bound by the result of the action ..." The consequences of losing the case including payment of accumulated salaries and allowances, will be borne by the Local Government. It is therefore a necessary party to the originating summons and I agree with the Court of Appeal that its non-joinder is fatal to the appellant’s case." - Per Ngwuta, J.S.C., in Olawoye v. Jimoh Suit No. S.C. 90/2005; (2013) 13 N.W.L.R. (Pt. 1371) 362 at 388.

(4) "A necessary party to a proceeding is a party whose presence and participation in the proceedings is necessary or essential for the effective and complete determination of the claim before the Court. See In re: Mogaji (1986) 1 N.W.L.R. (Pt. 19) 759. In the present case, I am of the firm view that the appellant whose...