PROPER PARTIES, DESIRABLE PARTIES AND NECESSARY PARTIES, DISTINCTION BETWEEN

• Date: 06 February 2019

(1) "Proper parties are those who, though not actually interested in the claim, are joined as parties for some good reasons. Desirable parties are those who have an interest in the suit or may be affected by the result thereof. Necessary parties are those who not only have interest in the matter, but also who in their absence, the proceedings could not be fairly dealt with. That’s to say, the issue or question to be determined in the matter between the existing parties should be one which cannot be properly settled unless they are parties to the action. See Amon v. Raphael Tuck & Sons Ltd. (1986) 1 W.N. 3571; Settlement Corporation v. Hoshschild (No. 2) (1959) 1 W. L.R. 1664; Re Vandervills Trust (1971) A.C. 812; Re - Vandervelle (1969) 3 All E.R. 496; Green v. Green (supra) at 493." - Per Saulawa, J.C.A., in G.M. Ent. Ltd. v. C.R. Investment Ltd. Suit No. CA/L/10/09; (2011) 14 N.W.L.R. (Pt. 1266) 125 at 145 - 146.

(2) "It is commonsensical that all persons who may be affected by an order of Court in respect of any matter before it, as much as is practicable, be made parties in the suit. Whether they are proper parties, desirable parties or necessary parties, the result or effect is the same. Proper parties are those who, though not actually interested in the claim, are joined as parties for some good reasons. Desirable parties are those who have an interest in the suit or may be affected by the result thereof. Necessary parties are those who not only have interest in the matter, but also who in their absence, the proceedings could not be fairly and effectually dealt with. See Green v. Green (supra)." - Per Okoro, J.C.A., in Chief of Army Staff v. Lawal Suit No. CA/L/ 304M/10; (2012) 10 N.W.L.R. (Pt. 1307) 62 at 70.

(3) "The phrase, "proper party" can be used interchangeably with the phrase, "proper defendant and I dare add...