PARTIES IN NOTICE OF APPEAL SHOULD BE SAME IN AN APPLICATION SUBSEQUENTLY BROUGHT ON SAME SUIT

The Notice of Appeal which is the foundation of this application has four parties as respondents, whereas the application has only three parties, exclusive of the Chief Registrar of the Federal High Court who is the 4th respondent in the Notice of Appeal. The Chief Registrar shouldn’t have been excluded/omitted from the application before us, as, if the appeal is supposed to involve the Chief Registrar, then the Chief Registrar is supposed to be involved in the application. The parties in both processes should be the same, and none should be excluded unless it has been formerly withdrawn. In this respect I endorse the submission of Chief Olanipekun. SAN on the issue of the parties, and I agree that the applicant cannot change the parties in the notice of appeal in this application.

— A.M. Muktar, JSC. Shinning Star Nig. Ltd. v. AKS Steel Nigeria Ltd. (2011) – SC. 101/2010

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CLIENT’S CASE MAY DEPEND ON THE QUALITY OF THE BRIEF

Counsel will do well to remember that the fate of his client’s case may well depend on the persuasive quality of his brief. The Brief is defined in Order 6, Rule 5 of the 1985 Rules as “a succinct statement of his argument in the appeal.” A mere statement of the argument is contrary to the intendment of the rule and therefore not enough.

– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)

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ONLY PARTIES TO A DEED CAN SUE

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)

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WHO ARE THE PARTIES IN A LEGAL PROCEEDING

In legal proceedings the parties, generally speaking, are the persons whose names appear on the record as plaintiffs or defendants.

– Oputa, JSC. Green v. Green (1987)

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COURT WILL NOT REWRITE LEASE AGREEMENT FOR PARTIES

In doing so, the court should bear in mind that it has a responsibility not to re-write the Lease Agreement for the parties but simply to give effect to their intention as may be deduced from the language employed by them.

— Achike, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609

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DISTINCTION PROPER, DESIRABLE, NECESSARY PARTIES

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.”

PARTIES COMPLAINED AGAINST MUST BE MADE PARTIES

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PARTIES IN NOTICE OF APPEAL SHOULD BE SAME IN AN APPLICATION SUBSEQUENTLY BROUGHT ON SAME SUIT

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CLIENT’S CASE MAY DEPEND ON THE QUALITY OF THE BRIEF

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ONLY PARTIES TO A DEED CAN SUE

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WHO ARE THE PARTIES IN A LEGAL PROCEEDING

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COURT WILL NOT REWRITE LEASE AGREEMENT FOR PARTIES

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DISTINCTION PROPER, DESIRABLE, NECESSARY PARTIES

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