CIVIL PROCEDURE — Joinder of Parties — Necessary Parties — When a person is a necessary party to proceedings
Ratio Decidendi
Per Adekeye, JSC, in Okonta v. Philips & Ors (2010) NLC-123-194-2010(SC) at pp. 2–3; Paras D–A:
"It is trite law that it is only when proper parties are before the court which makes a court competent to adjudicate on the suit. The issue of necessary parties being before the court had been considered in various decisions of the court. A court has no jurisdiction to make an order which affects the interest of a person who has not been joined as party. The fundamental reason which makes it necessary to make a person a party to an action is to make him bound by the result of the action. Therefore in determining who is a necessary party, what to consider is, whether the question in the action cannot be effectually and completely settled unless the person is made a party."
Explanation / Scope
This principle establishes that a necessary party is one whose presence is required for complete adjudication. The court cannot make an order affecting the interest of a person not joined. The test is whether the question cannot be effectually settled without the person. The principle applies where joinder is challenged. It ensures that all affected parties are before the court. The principle reflects the need for complete adjudication. It prevents orders affecting absent parties. The court must determine who is a necessary party. The principle provides guidance on determining necessary parties.