LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Standing – Defendant Without Counter-Claim Lacks Standing to Seek Affirmative Relief
PRINCIPLE STATEMENT
That the 4th-7th defendants who are respondents in this appeal, and having not filed a cross-appeal, cannot be heard in support of the plaintiff's motion. They, having not made any claims against 1st-3rd and 8th defendants, lack standing in respect of the reliefs sought.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Adenuga & Ors v. Odumeru & Ors (2001) NLC-432000(SC) at p. 10; Paras C–D.
"That the 4th-7th defendants who are respondents in this appeal, and having not filed a cross-appeal, cannot be heard in support of the plaintiff's motion. They, having not made any claims against 1st-3rd and 8th defendants, lack standing in respect of the reliefs sought."
EXPLANATION / SCOPE
A defendant who has not filed a counter-claim lacks standing to seek affirmative relief against co-defendants. Without a counter-claim, they have no claim before the court. They cannot be heard in support of the plaintiff’s motion. Standing requires a personal interest in the relief sought. Defendants who have not asserted claims cannot obtain relief in their favour. The principle prevents defendants from obtaining affirmative relief without properly invoking the court’s jurisdiction through a counter-claim or cross-appeal. Merely being a defendant does not give standing to seek orders against other parties. The court cannot grant relief to a party who has not asked for it. Standing is determined by the pleadings.