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.”
SUCCESSFUL PARTY IS ENTITLED TO COST EXCEPT WHERE SPECIAL REASON IS SHOWN
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....