A party in a suit is someone who is known to have an interest in making or defending a claim.
In a case before a court of law, the parties must be competent and legal persons.
A legal person is someone who is either a sane human being or a legal entity (companies, organizations, governments, Partnerships etc).
In order for a to be able to make a claim, he/she must establish that they are competent.
Where they fail to establish that they are competent, then the court will strike out their case.
A party can participate in court, if they are alive, at least 18, sane or a registered entity.
According to law, unregistered entities are not competent parties before the court. Thus, a party can only make a claim against a competent person or an entity.
What happens when a wrong party is sued or in a wrong capacity?
- The judgment the court gives only binds the right parties in court.
- If the proper parties are not before the court, the case will be struck out.
- The time of the court and that of the parties will be wasted.
How parties are classified
- Proper Parties: A proper party has no interest in the case and the case can be completed and conclusively determined without the person, but such a person is joined as a party because of the particular role he played which led to the cause of action. The judgment of the court will not affect this party
- Desirable Parties: A desirable party is one who has an interest in the case and that interest notwithstanding, the court can hear and decide the matter without such a person. It is only desirable that they be joined because the court may make a pronouncement that will affect them.
- Nominal Parties: These are parties who are not really involved in the set of facts constituting the cause of action, but are made parties to the suit by virtue of the office they hold or occupy. For example, in cases involving the federal government or a state government the Attorney General of the federation or of the state respectively is the nominal party.
- Necessary Parties: These are persons who are interested in subject matter and in whose Absence, the proceeding cannot be fairly dealt with. Thus, a necessary Party is a party whose presence is necessary for the determination of all the issues in the case. When an agent acts on behalf of a disclosed principal, the principal is a necessary party. In all actions, necessary parties are used except where the law Specifies a nominal party.
It is worthy of note that the reason for categorisation is dependent on the interest of such persons.
Designation of parties in court
Writs of summons Claimant/Defendant
Originating summons- Claimant/Defendant
Petition – Petitioner/Respondent
Originating motions Applicant/Respondent
Author: Yahaya Yusuf