LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — When a Party Is Necessary for Effectual Adjudication
PRINCIPLE STATEMENT
The interest of justice demands that, as far as possible, the issues between the parties should be determined once and for all, so as to avoid multiplicity of proceedings. A party is necessary if the real question in controversy cannot effectively and completely be adjudicated upon without joining him.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Mobil Oil Nigeria Ltd v. Nabsons Ltd (1995) NLC-1161989(SC) at pp. 7–8; Paras. B–D.
"The interest of justice demands that, as far as possible, the issues between the parties should be determined once and for all, so as to avoid multiplicity of proceedings… [T]he real question in controversy between the appellant and the respondent cannot effectively and completely be adjudicated upon and all questions involved in the cause or matter settled [without joining Mr. N.A. Bassey]."
EXPLANATION / SCOPE
A necessary party is one whose presence is required for complete and effectual adjudication. The court should order joinder to avoid multiplicity of proceedings. The principle applies to all civil proceedings. The court may add parties on its own motion. The rule promotes judicial efficiency. The party seeking joinder must show that the proposed party has a direct interest. The court will not order joinder if it would cause injustice.