LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties to an Action – Who Is a Necessary Party and Effect of Non-Joinder
PRINCIPLE STATEMENT
A necessary party is someone whose presence is necessary as a party because the question in the action cannot be effectually and completely settled unless he is a party, and he should be bound by the result.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Babayeju v. Ashamu (1998) NLC-2611990(SC) at pp. 8–9; Paras D–A.
"The necessary parties were before the trial court and a necessary party is someone whose presence is necessary as a party. The only reason which makes it necessary to make a person a party to an action is that he should be bound by the result of the action, and the question to be settled therefore must be a question in the action which cannot be effectually and completely settled unless he is a party."
EXPLANATION / SCOPE
A necessary party is indispensable for effectual adjudication. The court cannot completely settle the dispute without them. Non-joinder of a necessary party may be fatal. The principle applies to all civil proceedings. The court may order joinder of a necessary party. The party whose joinder is sought must have a direct interest. The rule protects the interests of absent parties. The court will examine whether the action can proceed without the party. The principle promotes finality and prevents multiplicity of actions.