LEGAL PRINCIPLE: CIVIL PROCEDURE — Parties — Definition — Who Constitutes Parties
PRINCIPLE STATEMENT
The term "parties" includes not only those named in the record but also those with direct interest who had the opportunity to attend and join but chose to stand by and let others fight the battle.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ndulue v. Ibezim & Anor (2002) NLC-1831997(SC) at pp. 10–11; Paras E–A.
"The term 'parties' has been defined to include not only those named in the record of proceedings but also those who had direct interest in the subject matter of the dispute and had an opportunity to attend the proceedings and to join as a party in the suit but chose not to do so but were content to stand-by and see the battle in which their interest is directly in issue fought by somebody else or let witnesses testify as to their title to or interest in the subject matter of the action."
EXPLANATION / SCOPE
The doctrine of standing by (or representative interest) treats persons with direct interest who choose not to join as parties. They are bound by the judgment if they had opportunity to join but stood by. The principle prevents persons from avoiding the consequences of litigation by not formally joining. The rule applies in land disputes and other cases where interests are shared. The person must have had notice of the proceedings. The principle promotes finality. The person cannot later relitigate the same issues. The court will examine whether the person had a real opportunity to participate. The rule is based on the maxim that he who stands by is bound.
