PARTIES TO A CIVIL ACTION Flashcards
Who is a proper party?
A proper party is one that is directly connected to the cause of action.
It is one whose interest will be affected directly if a relief claimed in the action were granted.
The non joinder of a proper party may be fatal to the suit.
MOBIL V LASEPA
Who is a desirable party?
-A desirable party is one who has an interest in the subject matter of litigation. The non joinder of a desirable
party is not necessary for the determination of a suit but may be affected by the outcome
of the proceedings.
Who is a necessary party?
A necessary party is one whose absence will affect the successful determination of a case. Such party has an interest in the subject matter of the suit.
A necessary party ought to be joined for the successful determination of the suit.
UNION BEVERAGES v PEPSI COLA
Who is a nominal party?
A nominal party is a person that is a party is an action or is made a party by virtue of his office. The person is usually the medium through which an organization or institution can sue and be sued.
A nominal party is simply a party in name and may not have any personal interest but to avoid procedural effect, he should be joined.
Padawa v Jatau
What are the classes of legal persons recognized by law?
- Natural persons-Living beings
- Artificial persons-Institutions or bodies that are regarded as persons in law-SEC 37 CAMA
Who are juristic persons under the Law?
a. Natural persons (human beings);
b. Companies incorporated under the Companies Act;
c. Corporations sole with perpetual succession;
d. Trade unions;
e. Partnerships;
f. Friendly societies.
Iyke Medical Merchandise v. Pfizer Inc. & Anor
The general manager, chairman are not legal persons.
What happens when a party has no capacity to institute an action?
The action is bound to be struck out by the court.
SHITTA & ORS v LIGALI & ORS
How do you file an action in representative capacity when your company/organization lacks juristic personality?
“For themselves and on behalf of the other members of Koko Community”
Bring in an action in the representative capacity.
ADEGBITE v LAWAL
what happens when a party is misdescribed?
if the parties to the suit are not misled and it will not amount to a miscarriage of justice, the mis-description will not be fatal to the case.
it will be treated as a misnomer which can be corrected by the court through an application for amendment.
Okechukwu & Sons v Ndah
can you sue incorporated trustees?
yes! an example is suing the Chosen Church of God, it will be:
THE INCORPORATED TRUSTEES OF THE CHOSEN CHURCH OF GOD……CLAIMANT
How do you sue as a Trustee, Administrator and Executor?
Suing as the administrators of the estate of Mr John Ali, Deceased
How can partners be sued?
- They can sued in the name of the firm & an application can be made to the court that the name of the partners should be furnished
- They can be sued jointly
- An action can be brought against one partner as a representative provided that a claimant who brings an action against such partners cannot institute a matter in court after judgment on the same subject.
How to sue a registered business name?
I.e Mr Nwori has a registered business name known as “Mr Nwori and sons”
THE DRAFT
Mr Nwori(trading under the name and style of Mr Nwori)
How do persons under legal disability sue?
JOHN MARK(AN INFANT)(SUING THROUGH HIS GUARDIAN, MR POLYCARP)
same draft for a lunatic.
When is persons unknown used?
LAND MATTERS and efforts has been made to identify the trespassers.
In this circumstances, the defendant will be described as “PERSONS UNKNOWN”