LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Joinder of Third Parties – Purpose
PRINCIPLE STATEMENT
...in view of the provisions in all procedural rules of High Courts in this country, if a party appears to be necessary as a third party so as to have a just decision in a suit, such third party can be joined. This joinder of the third party can be at the instance of the parties to the suit or at the instance of the third party, and at the instance of the court.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Nnorodim & Anor v. Ezeani & Ors (2001) NLC-1521995(SC) at pp. 1–2; Paras E–A.
"...in view of the provisions in all procedural rules of High Courts in this country, if a party appears to be necessary as a third party so as to have a just decision in a suit, such third party can be joined. This joinder of the third party can be at the instance of the parties to the suit or at the instance of the third party, and at the instance of the court."
EXPLANATION / SCOPE
A necessary third party—one whose presence is required for a just decision—may be joined in a suit. Joinder can be at the instance of any party, the third party themselves, or the court suo motu. The purpose is to ensure all persons with an interest in the dispute are before the court, enabling complete and final resolution. The rule prevents multiplicity of actions and avoids inconsistent judgments. The court has inherent power to order joinder where necessary. The third party need not be a necessary party in the strict sense; sufficient that their presence enables just decision. The court exercises discretion based on the facts. Joinder is procedural, not substantive.
