LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Third Party Procedure – Object Is to Prevent Multiplicity of Actions
PRINCIPLE STATEMENT
The main object of third party procedure is to prevent multiplicity of actions and prevent the same issues being decided upon in two different proceedings.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Bank of Ireland v. Union Bank of Nigeria Ltd. (1998) NLC-691994(SC) at pp. 10–11; Paras A–B.
"The main object of the procedure is to prevent multiplicity of actions and prevent the same issues being decided upon in two different proceedings."
EXPLANATION / SCOPE
Third party procedure allows a defendant to bring in a party who may be liable to indemnify him. The principle promotes judicial efficiency. The same issues are decided in one proceeding. The rule prevents inconsistent judgments. The court has discretion to allow third party proceedings.
