WHO ARE THE PARTIES IN A LEGAL PROCEEDING

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)

PARTY NOT PUNISHED FOR COUNSEL MISTAKE

It is a very well established principle that the object of courts is to decide the rights of parties and not to punish them for the mistake they or their counsel may make in the conduct of their cases or appeals by deciding otherwise than in accordance with their rights.

– Oputa JSC. Obiora v. Osele (1989) – SC.70/1987

PARTIES CANNOT RESILE FROM AN ARBITRAL AWARD

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.”

COURT CANNOT GIVE PARTY THAT WHICH HE DID NOT CLAIM

Badmus v. Abegunde (1999) 11 NWLR (Pt. 627) 493, Onu, J.S.C. observed: “It is trite law that the court is without power to award to a claimant that which he did not claim. This principle of law has time and again, been stated and re-stated by this court that it seems to me that there is no longer any need to cite authorities in support of it. We take the view that the proposition of the law is not only good law but good sense. A court of law may award less, and not more than what the parties have claimed. A fortiori, the court should never award that which was not claimed or pleaded by either party. It should always be borne in mind that a Court of Law is not a charitable institution, its duty in civil cases is to render unto every one according to his proven claim.”