LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Non-Joinder of Desirable Party – Not a Ground for Defeating Action
PRINCIPLE STATEMENT
The non-joinder of a desirable party, whether by failure of the parties or the court to join suo motu, will not be taken as a ground for defeating an action nor does it rob the court of jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, citing Green v. Green (1987), in Nigeria Engineering Works Ltd. v. Denap Ltd. & Anor (2001) NLC-1631997(SC) at p. 15; Paras A–A.
"The non-joinder of a desirable party either by failure of the parties or the court to join suo motu will not be taken as a ground for defeating an action nor does it rob the court of jurisdiction to entertain the action."
EXPLANATION / SCOPE
Non-joinder of a desirable (not necessary) party does not defeat an action or deprive the court of jurisdiction. A desirable party is one whose presence would be convenient but not essential for effectual adjudication. The court can proceed without them. The principle prevents technical dismissals based on the absence of parties who are not indispensable. The court may order joinder if necessary, but failure to join does not invalidate proceedings. The distinction between necessary and desirable parties is crucial. A necessary party is one whose absence prevents the court from effectually adjudicating; a desirable party is merely helpful. The rule promotes justice over procedural technicality.
