Parties To A Suit

Every party to a suit must be a legal person
who must have legal capacity to sue and be sued.  They must be natural persons or artificial persons. There are different types of parties to a suit:-  proper parties: Proper parties are those parties who though not interested in the plaintiffs claim, are made parties for some reasons. In the case Yusuf V. Akidipe (2000) 5 SCN at 128, the Supreme Court held that a proper party is one who claims for himself, although he may claim on behalf of others.  However, he should be able to establish a nexus between himself and those he is representing to make him a proper party.
Desirable parties: A desirable party is one who was not originally a party to the action now whose presence is necessary for the just determination of issues in the action but nevertheless needs be a party in order to be bound, since the decision in the case may directly affect him.
Necessary parties: These parties are needed for the effective determination of the suit.  In other words, they are persons or entity whose interest will be affected by the outcome of a law suit, whose absence as a party in the suit prevents a judgement on all issues.  There are three ways that someone can be a necessary party in the absence of the party. Complete relief cannot be provided to existing parties or the absent party’s claims. An interest relating to the subject of the action and a disposition of the action without that person may as a practical matter impair his ability to protect that interest or leave the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations.
Note that under the rules of court two or more, persons may be joined in a suit as plaintiffs to prosecute their common interest, right or relief.  But for there to be a joinder of plaintiffs, the right or relief sought must be in respect of or arise out of the same transaction or in a series of transaction.  In other words, for there to be joinder of plaintiffs, they must not have conflicting interest.
Orde ll Rule 1 of High Court of Federal Capital Territory, Abuja provides that “All persons  may be joined in one action as plaintiffs in whom any right to relief ( in respect of or arising out of the same transaction or in a series of transacted is alleged to exist whether jointly, severally, or in the alternative, where, if such persons brought separate actions any common question of law or fact would arise, and judgement may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment, provided that if, upon the application of any defendant, it appears that the joinder may embarrass any of the parties or delay the trial of the action, the court or a judge in chambers may order separate trial or make such other order as may be expedient in the circumstance.
It is important to consider the locus standi of the plaintiff in the matter, where a plaintiff where a plaintiff is held to lack the locus standi to maintain an action, the court may strike out the matter.

Nkechi Bright Ewere