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APPEAL COURT HAS THE POWER TO AMEND PARTIES CAPACITY

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Dictum

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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IT IS DUTY OF PARTIES TO PUT THEIR FACTS BEFORE THE COURT

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

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PARTY IS BOUND BY WHAT HIS COUNSEL DOES – APPARENT AUTHORITY

In the instant case there is no averment that the authority of plaintiff’s Counsel to conduct the case on his behalf was withdrawn at any stage or limited by any general or specific instruction. Counsel to plaintiff therefore had throughout the conduct of the case general and apparent authority to conduct the case of the plaintiff in his discretion within his professional skill and in the best interest of the plaintiff. The consent of Counsel in the negotiation for settlement of the dispute out of court was with the consent of plaintiff. There was no averment that Counsel and the defendants were not ad idem, both in the terms of agreement to settle out of court and in entering the consent judgment in court. Plaintiff was therefore bound by whatever results from such negotiations.

– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)

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NO LAW MAKES PARTY APPEARANCE IN COURT MANDATORY

Instructively, there is no law making it compulsory for a party in a civil action to appear physically in Court. All that is necessarily required, in the best interest of good administration of justice, is that the day to day judicial schedule (Cause List) of the Court is not stultified or frustrated by non-appearance of a party before it.

– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017

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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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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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