The order of the Court directing the personal attendance of the appellants is an interference with their liberty as provided under Section 35 of the Constitution 1999 (as amended) when there is no law or rules of Court expressly authorizing the infringement.
– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)
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From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
There can be no doubt about the general position that, under English law, a person who is not a party to a deed cannot sue to set it aside or to have it declared null and void: only parties to the deed can do so. This is because the remedy is basically equitable in origin and, as equity acts in personam, the question of cancellation or setting aside of a deed which has been signed, sealed, and delivered was strictly a matter between the parties to the deed. It was possible, on grounds of fraud or constructive fraud committed upon one of the parties to have the deed set aside or ordered to be delivered up for cancellation by order of court.
– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)
It is not for this Court to embark on an investigation to which it has not been called. It is the duty of the parties to put their facts before the courts in order for a judicial decision to be pronounced, both on the facts and the law involved.
– Sowemimo, JSC. Shodeinde v. Ahmadiyya (1983) – SC.64/1982
The locus classicus on the often vexed issue of distinction between ‘proper parties’ ‘desirable parties’ and ‘necessary parties’ is the evergreen case of Green v. Green (1987) 3 NWLR (Pt. 61) 480 at 493 or (1987) 18 NSCC (Pt. 2) 1115. Wherein the supreme court per Oputa JSC (now of blessed memory) held that:- “This now leads one to the consideration of the difference between ‘proper parties’, ‘desirable parties’ and ‘necessary parties.’ Proper parties are those who ought not interested in the plaintiff claim, are made parties for some good reasons e.g where an action is brought to rescind a contract, any person is a proper party to it who was active or concurring in the matters which gave the plaintiff the right to rescind. Desirable parties are those who have an interest or who may be affected by the result. Necessary parties are those who are not only interested in the subject matter of the proceedings but also who in their absence, the proceedings could not be fairly dealt with. In other words, the question to be settled in the action between the existing parties settled unless they are parties to the action instituted by the plaintiff.”
But that notwithstanding, it must be borne in mind that an Appellant does not need the support of the Respondent to win his own appeal. He must succeed or fail, on the strength of his own brief and his own case. – Jonah Adah, JCA. Eshiet v. Effiong (2018)
A successful party is entitled to costs unless there are special reasons why he should be deprived of his entitlement. In making an award of costs, the Court must act judiciously and judicially. That is to say with correct and convincing reasons. See Per RHODES-VIVOUR, JSC in NNPC V. CLIFCO NIG. LTD (2011) LPELR-2022(SC) (P. 23, PARAS. D-A).
— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006
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