CIVIL PROCEDURE — Jurisdiction — Competence of Court — Effect of non-joinder of necessary party
Ratio Decidendi
Per Adekeye, JSC, in Okonta v. Philips & Ors (2010) NLC-123-194-2010(SC) at p. 3; Paras B–D:
"The action at the Federal High Court was incompetent and ought to be struck out. The decision of the lower court in holding that he was not a necessary party was glaringly wrong and this court shall not hesitate to set same aside and we hereby set it aside. Consequently the decisions of the Federal High Court Abuja and the Court of Appeal Abuja were incompetent."
Explanation / Scope
This principle establishes that non-joinder of a necessary party renders proceedings incompetent and liable to be struck out. The principle applies where a necessary party is not joined. It ensures that all necessary parties are before the court. The principle reflects that jurisdiction requires proper parties. It prevents proceedings from continuing without necessary parties. The court must strike out incompetent proceedings. The principle provides guidance on the effect of non-joinder of necessary parties.