Just Decided Cases

CORAM

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT

JOHN AFOLABI FABIYI, JUSTICE, SUPREME COURT

OLUKAYODE ARIWOOLA, JUSTICE, SUPREME COURT

PARTIES

CHIEF REX KOLA OLAWOYE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant as Plaintiff at the trial court commended an action against the Defendant/ Respondent and also applied for an interim injunction to restrain the Defendant from interfering and or, hindering the Plaintiff from performing his official duties. The trial Court dismissed the application and appeal was made to the Court of Appeal where some of the appeal was allowed which prompted the Appellant to make further appeal to the apex Court.

HELD

Appeal dismissed

ISSUES

Whether the Court of Appeal was right in holding that the non-joinder of Ifelodun Local Government of Kwara State as a defendant was fatal to the Plaintiff’s case.

RATIONES DECIDENDI

Necessary Party- Who a Necessary party is

“Necessary parties in an action in court have been held to be those who are not only interested in the subject matter of the proceeding but also who in their absence, the proceedings could not be fairly dealt with” Olokayode Ariwoola JSC
“In the same vein, a necessary party has been held to be a party whose presence in an action is essential for the effectual and complete determination of the claim before the Court. It is a party in absence of whom the claims cannot be effectually and completely determined.” Olokayode Ariwoola JSC

Definition- Parties to an Action

“Generally, in legal proceedings the parties are those persons, be they natural or artificial, whose names appear on the record of the court as plaintiffs and defendants.” Olokayode Ariwoola JSC

Duty of the Court- The Court cannot compel a party who the Plaintiff has no Cause of Action against be Sued

“Therefore, it has been held that a Plaintiff who conceives that he has a cause of action against a particular defendant is entitled to pursue remedy against that defendant only but should not be compelled by the court to proceed against any other person or persons whom he has no desire and no intention to sue” Olokayode Ariwoola JSC

Parties to an Action-Only Parties to an action are bound by the Judgment

“Ordinarily, the main reason for the necessity in making a person a party to an action in court is so that he should be bound by the result of the action in the judgment of the Court” Olokayode Ariwoola JSC

CASES CITED

Amon V Raphael Tuck 26 Sons Limited(1969) 1QB D 357 at 380 Chief Abusi David Green V Chief (Dr) E.T Dublin Green(1987)NWLR(pt.61)481, (1987)LPELR 1338; Mc Cheane V Gyles Mieg et Compagnie S.A V Bank of England (1950)2 ALL ER 605 at 608 Oyedeji Akanbi (Mogaji) V Fabunmi & Anor in Re Yesufu Faleki(Mogaji)(1986) 2 SC 431 at 449;(1986)1NWLR (Pt.19)759 Ige & Ors V Farmde & Ors(1994) NWLR (pt.354)42;(1994)7-8 SCNJ 284.

STATUTES REFERRED TO

NONE

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