HERNY SHIGAWA V. YAZEN MAGO YALI
March 26, 2025BABA GASHEMURU G. AMALAI V. THE GOVERNMENT OF ADAMAWA STATE
March 26, 2025Legalpedia Citation: (2022-05) Legalpedia 63345 (CA)
In the Court of Appeal
Holden at Makurdi
Fri May 20, 2022
Suit Number: CA/MKD/37/2018
CORAM
IGNATIUS IGWE AGUBE
CORDELIA IFEOMA JOMBO-OFO
MUSLIM SULE HASSAN
PARTIES
MRS. DOROTHY SHIMINENGE IGBUDU
APPELLANTS
IORCHIR MATHAIS
RESPONDENTS
AREA(S) OF LAW
APPEAL, COURT, PARTY, PRACTICE AND PROCEDURE, WORDS AND PHRASES
SUMMARY OF FACTS
The Applicant by a Motion on Notice before the Court of Appeal, Makurdi Division, sought for an Order joining the Applicant to the Appeal as an intervener/Co-Respondent, amongst other reliefs. Applicant’s prayer stems from the fact that the reliefs sought in the appeal are directly against him and affects him because he purchased the subject matter of the suit sometimes in 2018 from the Respondent. That before he purchased the property in dispute, he conducted search at Ministry of Land and survey and the property was not encumbered, and he was informed by his lawyer that there no Appeal at the registry of this Court or any pending application for stay of execution on the land. That some workers he engaged to fence the site were invited to B Division Police Station, Makurdi, but were released when the Appellant was unable to show evidence of any pending appeal against the judgment of the trial Court. That however, there is now pending an application before this Court seeking to restrain the Respondent from giving effect to the judgment of the lower Court, also interfering with the land hence, the need to join the Applicant as a party as his interest in the subject matter is likely to be adversely affected if he is not made a party in the appeal. The Appellant upon receipt of the Applicant’s motion filed a counter affidavit in opposition contending that the Applicant having obtained title from the Respondent during the pendency of this appeal, his interest (if any) over the disputed land is tied to that of the Respondent and cannot be separated therefrom, as the doctrine of lis pendis applies. Therefore, the grant of this application will affect the expeditious hearing and determination of this Appeal. The Respondent to the appeal did not file any affidavit in opposition to the grant of the application.
HELD
Application Granted
ISSUES
Whether the Applicant is an interested party to be joined in this suit?
RATIONES DECIDENDI
PARTIES TO AN ACTION – CATEGORIES OF PARTIES TO AN ACTION
“Parties to proceedings are broadly categories into desirable party; interested party and necessary party; desirable party is the party who has an interest in or who may be affected by the result of the action. A person who has an interest in an action which has two distinct rights, viz: the right to apply to be joined as a party in the trial Court and the right to seek leave to appeal pursuant to Section 242 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). His failure, refusal or neglect to pursue his right in the trial Court will not bar him from seeking and obtaining leave against a decision which is detrimental to his interest. See Jadesimi v. Okotie-Eboh; In re- Lessy (1989) 4 NWLR (Pt. 113) 113 at 128-129. Interested party is a person who could have been joined as a party to the suit. It includes a person affected or likely to be affected or aggrieved or likely to be aggrieved by the proceedings. See Section 243 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). E.F.P Co. Limited v. NDIC (2007) 9 NWLR (Pt. 1039) 216 at 251. Necessary party on the other hand is a person who is not only interested in the subject matter of the proceedings but also on who in their absence the proceedings could not be fairly dealt with. See Jadesimi v. Okotie-Eboh; In re Lessy (Supra) page 113 at 126. A necessary party is a person who would be bound by the result of the action; the question can’t be effectually and completely settled unless he is a party. Ojo v. Ogbe (2007) 9 NWLR (Pt. 1040) 542 at 551. Its someone whose presence is essential for the effectual and complete determination of the issue before the Court. It is a party in absence of whom claim cannot be effectually and completely determined in such a way as to bind him. See Adeleke v. Oyo State House of Assembly (2006) 10 NWLR (Pt.987) 50 at 81. A person is a necessary party to an action where it is desirable that he should be bound by the result and where the question in controversy cannot be effectually and completely settled unless he is a party. See Adefarasin v. Dayekh (2007) 11 NWLR (Pt.1044) page 89 at 116-117. In any proceedings necessary parties are 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. See Biyu v. Ibrahim (2006) 8 NWLR (Pt. 981) 1 at 35. PER M. S, HASSAN, J.C.A
PARTY IN AN ACTION – REQUIREMENT FOR A PERSON TO BE JOINED AS A PARTY IN AN ACTION
“For a person to be joined as a party in an action, it must be shown that the person is entitled to some share or interest in the subject matter or lays claim to such share or interest or is likely to be affected by the result of the action or is a necessary party and/or it is just and convenient to join him. See Yakubu v. Gov. Kogi State (1995) 3 NWLR (Pt. 383) 367 SC; Ogunbule v. Adebanjo (2006)2 NWLR (Pt. 964) 319 CA. -PER M. S, HASSAN, J.C.A
“A PERSON HAVING INTEREST” – DEFINITION OF “A PERSON HAVING INTEREST”
“In Ikonne vs. Commissioner of Police, Imo State (1986) 2 NSCC 185, 1130, 1153 Kabiri-Whyte, JSC held that:
“the expression “a person having interest” has been defined as synonymous with “person aggrieved”. In Re: Sidebotham, Ex. P. Sidebotham (1880)14 Ch. D at p. 465, James, LJ said
“A person aggrieved must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrongfully refused him something, or wrongfully affected his title to something”.
In Re-Ugadu (1988) 5 NWLR (PT.93)189, 202 Karibi-Whyte, JSC, stated that:
“concisely stated, the interest which will support an application under the provision must be genuine and legally recognisable interest in respect of a decision which prejudicially affects such interest”.
-PER C. I. JOMBO-OFO, J.C.A
PARTIES TO AN ACTION – TEST TO DETERMINE AN INTERESTED PARTY
In Enyibros Foods Processing Co. Ltd VS. Nigerian Deposit Insurance Cooperation (2007) 8 NWLR (Pt. 1039) 216, 251, Tobi JSC, stated that:
“the test of interest to determine a person interested is whether the person could have been joined as a party to the suit”.
-PER C. I. JOMBO-OFO, J.C.A
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999(as amended)
