LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — Interest of Proposed Intervener
PRINCIPLE STATEMENT
A beneficiary of the subject matter of a suit is a proper person to be joined as a co-respondent, as the outcome of the appeal will affect his interest.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Yakubu v. The Governor of Kogi State & Ors (1995) NLC-2451994(SC) at pp. 30–31; Paras. D–B.
"The 5th respondent is a beneficiary of the subject matter of the suit, the stool of Ejeh of Ankpa and which ever way the appeal in the substantive suit goes, it will affect his interest. He is therefore a proper person to be served with the notice of appeal and the court below was right to join him as a co-respondent."
EXPLANATION / SCOPE
A person whose legal interests will be affected by the outcome of a suit is a proper party. The court has discretion to join such a person. The principle ensures that all affected parties are heard. The rule applies to both trial and appellate courts. The intervener need not be a necessary party; sufficient interest suffices. The court will not allow a person to be bound without being heard. The principle promotes finality and fairness.