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)
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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)
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
In Commerce Assurance v. Alli (1986) 3 NWLR (Pt. 29) 404, (1992) 3 NWLR (Pt.232) 710 at 725 paragraph E, the Supreme Court per Nnaemeka-Agu JSC said: “The underlying principle is that parties to a dispute have a choice. They may resort to the normal machinery for administration of justice by going to the regular courts of the land and have their disputes determined both as to the fact and to the law, by the courts. Or, they may choose the arbitrator to be Judge between them. If they take the latter course, they cannot when the award is good on the face of it, object to the award on grounds of law or of facts.”
By Section 83(3) of the Evidence Act 2011, documents are inadmissible in Court where the maker is an interested person and had made the documents when the proceedings are pending or anticipated.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
See, Lawrence Elendu and others v. Felix Ekwoaba (1998) 12 NWLR (pt. 578) 320 at 331 – 332 where this court, per Onu J.S.C., succinctly put the proposition of law under consideration as follows: – “Once the pleadings and evidence show conclusively a representative capacity and the case was fought throughout in that capacity, the trial court can justifiably properly enter judgment for and/or against the party in that capacity even if an amendment to reflect that capacity had not been applied for and obtained. Moreover, an appeal court has the power in the interest of justice to amend the parties’ capacity in the writ of summons and to enter judgment for them accordingly.”
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