CIVIL PROCEDURE — Third Party Interests — Equity’s Darling — Court’s Duty to Protect
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 21; Paras A—C:
"It should be stated that the facts of the interest of Federal Government of Nigeria and other 3rd party interests in the joint venture operated by SPDC were deposed to for the purpose of bringing to the notice of the court below 'third parties interests' that would be adversely affected if unconditional stay was refused. That was well made as 'third parties' interests are Equity's darling'. The court must protect them jealously."
Explanation / Scope
This principle establishes that third party interests are “Equity’s darling” and the court must protect them jealously. The principle applies where third party interests may be affected. It ensures that third party interests are considered. The principle reflects the protective role of equity. It prevents adverse effects on third parties. The court must protect these interests. The principle provides guidance on third party interests.