CIVIL PROCEDURE — Jurisdiction — Proper Parties — Effect on Court’s Competence
Ratio Decidendi
Per ADEKEYE, J.S.C., in Cotecna Int'l Ltd v. Churchgate Nig Ltd (2010) NLC-123-181-2004(SC) at p. 32; Paras B–D:
"It is trite law that for a court to be competent and have jurisdiction over a matter, proper parties must be identified. Before an action can succeed, the parties to it must be shown to be the proper parties to whom rights and obligations arising from the cause of action attach. The question of proper parties is a very important issue which would affect the jurisdiction of the court as it goes to the foundation of the suit in limine. Where the proper parties are not before the court then the court lacks jurisdiction to hear the suit."
Explanation / Scope
This principle establishes that proper parties must be identified for the court to have jurisdiction. Where proper parties are not before the court, jurisdiction is lacking. The principle applies where parties are challenged. It ensures that the court has jurisdiction over the parties. The principle reflects that proper parties are fundamental. It prevents courts from hearing suits without proper parties. The court must ensure proper parties are before it. The principle provides guidance on the effect of improper parties.