WEEK 4 – PARTIES TO A CIVIL SUIT
Contents
1. Types of parties;
2. Capacity to sue and be sued; Classes of legal persons; Representative actions,
Class actions and procedure
3. Joint Claimants/Joint defendants.
4. Joinder/Misjoinder of parties; Alteration of parties; Survival of parties.
5. Third party notice or proceedings.
6. Ethical issues involved in acting for and against a party in litigation under duties
of lawyer to client, courts, the state and the legal profession.
Outcomes
At the end of the lesson, the students would be able to:
i. identify and state the persons that can sue and be sued at law, select the appropriate
parties in respect of any cause of action arising in various types of civil actions;
and discuss the capacity in which parties sue or are sued, and explain the effects of
suing or being sued in a wrong capacity;
ii. explain the procedures for bringing proceedings by or against various classes of
parties and representative suits;
iii. identify and explain the scope of class actions;
iv. explain the procedure for joinder and alteration of parties;
v. explain the principles and scope of third party proceedings.
vi. draft the various applications on parties; and
vii. identify and explain ethical issues involved in acting for and against a party in
litigation under duties of lawyer to client, courts, the state and the legal profession.
Activities before class
1. Students would be required to read the topic in advance of the lesson and the
cases provided by tutor, such as Green v Green and Mobil v LASEPA.
2. Students should make a list of types and various classes of parties and
persons that can sue or be sued at law.
3. Students should make a short note on the meaning and scope of class actions
under the Lagos State Civil Procedure Rules and FCT Abuja High Court
Rules.
4. Students should prepare their opinion on joinder and alteration of parties
using Case Study 2, and come to class with same.
5. Students should bring to class precedent copies of applications for joinder or
alteration of parties and third-party proceedings application.
6. Students should prepare 3 applications using case study 2 and bring them to
class, namely:
a. Joinder of NDIC as a co-defendant;
b. striking out the name of NDIC as co-defendant assuming they were
originally joined as party;
c. joining ABC Insurance PLC (the company that insured the consignment).
7. Students should make a list of likely ethical issues that may arise in acting
for and against a party in litigation under duties of lawyer to client, courts,
the state and the legal profession.
Activities in class
1. Tutor gives an overview of Nos. (i) to (iii) outcomes and presents hypothetical or
real cases on (i) to (iii) outcomes and students discuss the cases in their groups and
sample presentations and discussions follow – 50 minutes.
2. Tutor presents different causes of actions and scenarios for students to identify
proper parties – 30 minutes.
3. Tutor gives an overview on the procedure for joinder and alteration of parties and
students present their opinion on joinder and alteration of parties using Case Study
2 – 40 minutes.
30 MINUTES BREAK
4. Tutor gives an overview on the principles and scope of third-party proceedings –
20 minutes.
5. Students present the 3 applications namely:
A
a. joinder of NDIC as a co-defendant;
b. striking out the name of NDIC as co- defendant assuming they were
originally joined as party;
c. joining ABC Insurance PLC (the company that insured the consignment)- 40
minutes.
6.Short Quizzes are given to students on likely ethical issues and discussions follow
–40 minutes.
7.General assessment – 20 minutes
(NB: Students’ attention should also be drawn to Week 5 Pre- class activities).
A. CASE STUDY 1
In March 2018, the Claimant, Mrs. Kayuba Ada, entered a contract in Lagos
with Agricultural Bank PLC to supply five hundred tons of Cashew nut worth
₦10,000,000:00 (Ten million Naira) only to the Bank for onward exportation
to Malaysia. The term of the contract is that a down payment of
₦3,000,000:00 will be made before the exportation and that the balance will
be paid when the goods reach their destination. After this this, the Claimant
received the sum of ₦3,000,000:00 and supplied the goods to its destination
in Malaysia. Since then, Agricultural Bank has refused to pay the Claimant
the balance sum despite letters of repeated demands sent.
However, on 1st April 2024, Agricultural Bank wrote a letter to the Claimant
of its decision not to pay the balance because the goods supplied were inferior
to the standard requested for. The Claimant, on 19 th April 2024, instituted an
action at the Lagos State High Court against Agricultural Bank claiming the
balance of ₦7,000,000:00, ₦4,000,000:00 special damages and
₦3,000,000:00 as general damages. Pleadings were filed and exchanged. Trial
commenced, each party opened and closed its case, and the court adjourned
for judgment.
Before the judgment could be delivered, Agricultural Bank became a no-
going concern and was taken over by the NDIC with a view to winding up the
Bank.
Answer the following questions:
1. Draft the Heading of the Court up to the parties in the action to be instituted by
Mrs. Kayuba Ada.
2. Assuming NDIC wants to join as a party in the action:
a. What type of application will it file to achieve its purpose?
b. Explain the steps that you will take as Counsel to NDIC to achieve this
purpose.
c. Draft ONLY the application and the affidavit in support that you will file in
court to achieve this purpose.
d. Will your answer in (a) above be the same, if it was Mrs. Kayuba Ada that is
seeking an order from the Court to remove NDIC as the 2 nd Defendant. Give
reason(s) for your answer.
e. Draft ONLY the application to be filed by Mrs. Kayuba Ada for the purposes
of (d) above.
3. Assuming Agricultural Bank wants to sue ABC Insurance Plc that insured the
consignment to bear the eventual liability:
a. What application will it file to achieve its purpose
b. Advise it on the step(s) that he will take to do so.
c. Draft ONLY the application that will be filed in court to achieve the step(s)
in (a) above
4. Assuming Mrs Kayuba Ada is traveling out to United Kingdom for medical
operation, and she will not be able to prosecute the properly (in person), and has
decided to give Her husband, Mr Kayuba Hassan, the power of Attorney to file
the action on her behalf. Draft the heading of the originating process up to the
parties and their capacities.
5. Lagos, Edo, Enugu and Kano States want to sue the President of federal republic
of Nigeria for withholding his assent to the bill by the national Assembly for
creation of more States. Draft the Heading of the Court up to the parties to the
action.
6. Assuming it is the House of Representative that wants to institute an action
against the President of Nigeria for an order to compel the President to give his
assent and sign the bill into law. Draft the Heading of the Court up to the parties
to the action
B. CASE STUDY 2
Sometimes in June 2023, Mrs Bamidele Ada who lives in Abuja bought 4 plots of
land at Orimedu Village, Ajah, Lagos State from the Omo-Onile family of Ajah.
She paid a total sum of N60 million for the 4 plots. A purchase receipt was given
to her and an agreement was duly executed between her and the Omo-Onile family
represented by Alhaji Tunde Hassan as Head of the family and Chief Taori Aliu as
Secretary of the family. Up till date the Omo-Onile family has neither to hand over
possession of the plots of land despite several demands made nor have they
refunded her money. She has now approached you as counsel to institute an action
against the Omo-Onile family for specific performance of the purchase contract or
in the alternative a refund of her N60 million paid with interest at the rate of 21%
per annum.
Answer the following questions:
a) Draft the Heading of the Court up to the parties to the action to be filed in
the case stated above.
b) If Mrs Bamidele wants you to institute the action against only Alhaji Tunde
Hassan as the Head of the family. Advise her on the propriety of instituting
such action.
c) If after commencing the action against only Alhaji Tunde Hassan as stated in
(b) above, both Alhaji Tunde Hassan and Chief Taori Aliu now want to
defend the action on behalf of the Omo-Onile family. Explain the step(s) that
they may need to take in the matter.
d) Assuming the Omo-Onile family have sold several of their landed properties
in Orimedu Village, Ajah to over hundred persons scattered all over Nigeria
who have paid for the land but have not been given possession of the land.
Explain whether Mrs Bamidele can institute an action on behalf of all those
other people who bought the land for a legal redress in the matter.
e) Assuming before the action was commenced Mrs. Bamidele died intestate
leaving the property to her teenage daughter, Lovina Bamidele who is under
the care of her uncle Dada Dogood. Draft the Heading of the Court up to the
parties to the action to be filed in the case.
f) Will you maintain the draft above if the situation is that Mrs. Bamidele has
become insane and under the case of her husband, Mr. Bamidele Ojo? If
your answer is negative, draft the heading of the court in the circumstances
up to the parties.
C. FURTHER TASKS:
Briefly highlight the following:–
a) Differences between third party procedure and joinder of parties;
b) Differences between Class Action and Representative Action and
c) The ethical issues in suing and joinder of the wrong parties in an action.
NOTE: INSTRUCTIONS FOR ALL GROUPS/STUDENTS
a) All groups are to prepare all the tasks as members of any group may be called upon to
make presentation on any of the tasks.
b) Electronic Copies of group work must be submitted at least a day before lecture
c) Each student must open a case file containing copies of the processes prepared by his or
her group.
d) Each Student must come to class with his/her High Court rules for both Lagos and Abuja.
e) NOTE: Any student who fails to comply with the above instructions will be sanctioned.
