UNIT 2

PARTIES TO A CIVIL SUIT

In civil litigation, identifying the correct parties to a suit is crucial. The term "party" refers to any person or entity who is directly involved in the litigation process. This includes plaintiffs, defendants, third parties, and interveners. The general rule is that a party must have a sufficient interest in the subject matter of the suit to have the locus standi to bring or defend an action. They include the following;

1. Plaintiff: The plaintiff is the person or entity that initiates a lawsuit by filing a claim against another party. The plaintiff must have a cause of action, which means a legal right that has been violated. In Nigerian law, the right to sue arises from the constitution, statutes, contracts, or common law. See the case of Adesokan v. Adetunji (1994) 5 NWLR (Pt. 346) 540 where the court held that the plaintiff must have a cause of action against the defendant to establish locus standi.
2. Defendant: The defendant is the party against whom the lawsuit is brought. The defendant can be an individual, a corporation, or even the government. The defendant is entitled to be notified of the claim against them and has the right to defend themselves against the allegations. See the case of Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517 where the court emphasized the importance of ensuring that the right party is sued as the defendant to ensure the proper administration of justice.
3. Third parties: A third party is a person who is not originally a party to the action but is brought into the lawsuit by either the plaintiff or defendant. This is usually done when the original party believes that the third party is liable to them for all or part of the claim being made against them. See order 13, rule 14 of the high court of Lagos state civil procedure rules 2019 which provides for the joinder of third parties to a suit.
4. Interveners: Interveners are persons who, although not originally parties to the suit, apply to the court to be joined as parties because they have an interest in the subject matter of the dispute. The court has discretion in granting or refusing such an application. See the case of Green v. Green (1987) 3 NWLR (Pt. 61) 480 where the supreme court held that an intervener must show that they have a legal or equitable interest in the subject matter of the litigation.

MISJOINDER AND NONJOINDER OF PARTIES

Misjoinder occurs when a party who should not have been included in the lawsuit is added as a party while Nonjoinder occurs when a necessary party is left out of the lawsuit. Courts in Nigeria are guided by the principle that litigation should be determined on its merits and not on technicalities. Therefore, courts may order the joinder or removal of parties at any stage of the proceedings. See order 13, rule 19 of the federal high court civil procedure rules 2019 which provides that the court may strike out or add parties at any stage of the proceedings and the case of Peenok Investments Ltd v. Hotel Presidential Ltd (1982) 12 SC 1 where the court held that a nonjoinder or misjoinder of parties is not fatal to a case, provided that justice can still be done.

CAPACITY TO SUE AND BE SUED

Not every person or entity can be a party to a suit. Capacity refers to the legal ability to sue or be sued. Individuals, corporations, and certain government entities have the capacity to be parties in a civil suit. See the case of Fawehinmi v. Nigerian Bar Association (No. 2) (1989) 2 NWLR (Pt. 105) 558 where the supreme court discussed the issue of capacity, holding that the NBA, being a registered association, could sue and be sued. This can inlcude;

1. Minors: A minor which is a person under 18 years cannot sue or be sued in their name. They must sue through a next friend and be sued through a guardian ad litem.
2. Corporations: A company, once incorporated, has the legal capacity to sue and be sued in its name.

REPRESENTATIVE ACTIONS

Representative actions occur when one or more persons sue or are sued on behalf of a larger group with a common interest in the matter. This is typically seen in cases involving associations or communities. See order 13, rule 11 of the high court of Lagos state civil procedure rules 2019 which allows for representative actions where numerous persons have the same interest in a suit and the case of Otapo v. Sunmonu (1987) 2 NWLR (Pt. 58) 587 where the court held that for a representative action to be valid, the persons represented must have a common interest and grievance.

GOVERNMENT AS A PARTY

The government or its agencies can be parties to a civil suit. However, specific procedures must be followed when suing the government, often involving the requirement of a pre-action notice. See section 2(a) of the public officers protection act (Cap P41 LFN 2004) which provides that actions against public officers must be brought within three months of the act, neglect, or default complained of and see also the case of Ogun State Government v. Dalami (Nig.) Ltd (2007) 9 NWLR (Pt. 1039) 402 where the court held that failure to comply with the statutory requirement of a pre-action notice is fatal to the suit.

CONCLUSION

Understanding the correct parties to a civil suit is fundamental to the effective administration of justice. Errors in identifying the appropriate parties can lead to delays, additional costs, or even the dismissal of the suit. It is essential to ensure that all necessary and proper parties are included from the outset to avoid such pitfalls.