LEGAL PRINCIPLE: CIVIL PROCEDURE — Parties — Order Binding Non-Parties — Non-Party Not Represented Cannot Be Bound by Judgment
PRINCIPLE STATEMENT
A judgment obtained against a person who was not a party to the proceedings and is not caught by the doctrine of estoppel or standing by smacks of injustice and ought not to be allowed to stand.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ndulue v. Ibezim & Anor (2002) NLC-1831997(SC) at pp. 14–15; Paras E–A.
"It is my view also that a judgment obtained against a person who was not a party to the proceedings and is not caught by the doctrine of estoppel or standing by smacks of injustice and ought not be allowed to stand."
EXPLANATION / SCOPE
A judgment cannot bind a non-party unless they fall within the exceptions of estoppel or standing by. Binding a non-party without representation is unjust. The principle protects persons from being affected by litigation they did not participate in. The exceptions are narrow. The court will set aside orders made against non-parties. The rule is based on natural justice: no person should be condemned without being heard. The party seeking to bind a non-party must prove representation or privity. The principle applies to all judgments and orders. The court will not allow injustice through technical procedural defects. The rule is fundamental to civil procedure.
