LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — Tacit Consent Where Party Does Not Object to Joinder
PRINCIPLE STATEMENT
Where a party does not object to being joined, there is tacit consent to the joinder. The party joined cannot later complain.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at p. 51; Paras B–C.
"In the circumstances, I am of the view that there is a tacit consent on the part of the 5th to 39th respondents. I therefore, do not see my way clear in acceding to the request of the 1st appellant that they are not proper parties and should be struck out. And what is more, the 1st appellant has no locus standi to raise the issue, particularly when the 5th to 39th respondents are also in the matter and represented by counsel."
EXPLANATION / SCOPE
Failure to object to joinder constitutes tacit consent. The principle applies to civil procedure. A party cannot later challenge joinder after acquiescing. The rule prevents procedural ambush. The party joined must object promptly. The principle is well-established.