LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Joinder of Parties – Necessary Parties Must Be Joined to Be Bound
PRINCIPLE STATEMENT
It is an elementary and fundamental principle that a judgment in personam is only binding on the parties to the lis. Accordingly, all parties who may be affected by the result of the litigation may be joined either as plaintiffs or defendants. We have been asked to make orders against the Registrar-General of the Corporate Affairs Commission, and the Inspector-General of Police, who are not parties to the action, and against whom no claims have been made. They have not been notified about the claims against them so that they can be heard on the matter.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Awoniyi v. Registered Trustees of the Rosicrucian Order, AMORC (2000) NLC-1821999(SC) at p. 12; Paras C–E.
"It is an elementary and fundamental principle that a judgment in personam is only binding on the parties to the lis. Accordingly, all parties who may be affected by the result of the litigation may be joined either as plaintiffs or defendants. We have been asked to make orders against the Registrar-General of the Corporate Affairs Commission, and the Inspector-General of Police, who are not parties to the action, and against whom no claims have been made. They have not been notified about the claims against them so that they can be heard on the matter."
EXPLANATION / SCOPE
A judgment in personam binds only parties to the litigation. Persons who may be affected by a judgment must be joined as parties to have their rights determined and to be bound by the outcome. Courts cannot make orders against non-parties without giving them an opportunity to be heard—this violates fair hearing. Anyone against whom relief is sought must be formally joined and served. This principle ensures that all affected persons have their day in court before being bound by judicial orders. It protects both due process and the integrity of judgments.