LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Judgment Affecting Non-Party – Requirement of Joinder
PRINCIPLE STATEMENT
The court cannot give a judgment against a person who will be affected by its decision if such person is not made a party or has no opportunity of defending the suit. The court has no jurisdiction to decide the fate of a person or a matter concerning him when such person is not made a party to the action.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Babatola v. Aladejana (2001) NLC-801996(SC) at p. 13; Paras A–B.
"The court cannot give a judgment against a person who will be affected by its decision if such person is not made a party or has no opportunity of defending the suit. The court has no jurisdiction to decide the fate of a person or a matter concerning him when such person is not made a party to the action."
EXPLANATION / SCOPE
A court cannot give judgment affecting a person who is not a party and has no opportunity to defend. The court lacks jurisdiction to decide the fate of a non-party. The principle is fundamental to fair hearing. A person whose rights or interests will be directly affected must be joined. Judgment against a non-party is a nullity. The rule applies to all civil proceedings. The court cannot circumvent joinder requirements by indirect findings affecting non-parties. The remedy is to join the necessary party. The principle protects persons from being bound by judgments in proceedings to which they were not privy. The court may raise the issue of non-joinder suo motu.
