LEGAL PRINCIPLE: CIVIL PROCEDURE — Parties — Joinder of Parties — When Joinder is Necessary
PRINCIPLE STATEMENT
Joinder is necessary if the cause or matter is liable to be defeated by non-joinder, or if the third party ought to be joined so that he may be bound by the result or to enable the court effectually and completely to adjudicate upon and settle all questions involved.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ajayi & Ors v. Yemi (2001) NLC-51997(SC) at p. 21; Paras A–C.
"A joinder will be necessary: (i) if the cause or matter is liable to be defeated by the non-joinder of the third party as a defendant; (ii) if the third party is a person who ought to have been joined as a defendant so that he may be bound by the result of the trial or his presence before the court as a defendant is necessary in order 'to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter'."
EXPLANATION / SCOPE
A party is necessary if the action would be defeated without them, or if they must be bound by the result, or if their presence is required for complete adjudication of all questions. Non-joinder of a necessary party may be fatal to the action. The court may order joinder of a necessary party even if the plaintiff does not seek it. The test is whether the court can effectually adjudicate without that party. If the party has a direct interest in the subject matter, joinder is necessary. The principle ensures that all persons with a legal interest in the outcome are before the court. This prevents multiplicity of actions and inconsistent judgments.
