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DIRECTING PERSONAL ATTENDANCE OF APPELLANT INFRINGES LIBERTY

Dictum

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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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.”

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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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INCOMPETENT PARTY CANNOT FILE APPLICATION

A party who is not competently before the Court is incapable of filing applications. The incompetence of the application fatally affected the ruling of the trial Court appealed against. – SAULAWA, JCA. Eshiet v. Effiong (2018)

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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. 23, PARAS. D-A).

— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006

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APPEAL COURT HAS THE POWER TO AMEND PARTIES CAPACITY

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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PROPER, DESIRABLE, NECESSARY, PARTIES

Proper parties are those who, though not interested in the Plaintiffs 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 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 must be a question which cannot be properly settled unless they are parties to the action instituted by the plaintiff.

– Oputa, JSC. Green v. Green (1987)

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