Civil Litigation - Parties to an Action

Flashcards on Civil Litigation - Parties to an Action

What designation of parties is used in Lagos and Abuja courts?

In actions by writ of summons or originating summons in Lagos and Abuja

Who has the capacity to sue and be sued?

Only legal or juristic persons have the capacity to sue or be sued.

If a sole claimant or sole defendant lacks capacity to sue or be sued, what happens to the action?

An action would be struck out as incompetent.

Legal person may be a or _.

Natural person or an artificial person

Name some natural persons who may have to sue or be sued through other humans.

Infants, lunatics, and bankrupts.

What are the categories of artificial persons?

Corporation Sole, Corporation Aggregate, Registered Firms/Partnerships, and Juridical Persons.

Give some examples of Corporation Sole.

Traditional Stool; Attorney-General; Governor; The President of the FRN

Give some examples of Corporation Aggregate.

Council of Legal Education or Corporate Affairs Commission

What are Juridical Persons?

Bodies created by statutes without express power to sue or be sued but with powers that may adversely affect rights of others.

Can firms/partnerships/business names sue or be sued in their name

They are not legal/juristic persons and are expected to sue in the name of individual partners or sole proprietor.

Can unincorporated bodies sue or be sued in their name?

They lack juristic personality and cannot sue or be sued in their names.

Name the different types of parties to a suit.

Necessary Parties, Proper parties, Desirable Parties, Nominal parties

Who are necessary parties?

Those who are not only interested in the subject-matter of the proceedings but in whose absence, the proceedings cannot not be effectively and completely determined.

Who are proper parties?

A person who has an interest in the subject matter or whose interest would be directly affected by the outcome of the action.

Who are desirable parties?

Those whose presence is not necessary for just determination of the suit.

Who is a nominal party?

A party only by virtue of the office he occupies.

What are representative actions?

When several persons share a common interest in the subject matter of a case, one or more of them may sue or be sued in representative capacity on behalf of others.

What requirements must the court be satisfied with in a class action?

(a) the persons or class of persons interested in the subject matter cannot be ascertained or readily be ascertained; or (b) if they can be ascertained, cannot be found; or (c)though they can be ascertained and found; it is expedient that class action be adopted

What is joinder of parties?

Two or more persons may be joined in one suit as claimants or defendants to prosecute or defend their common reliefs jointly.

What happens in a non-joinder/misjoinder of parties?

Suit not defeated on that ground. Court may deal with the matter as between the parties before it.

What does alteration of parties mean?

Substitution of a party to a pending proceeding

Give examples of the Reasons for alteration of parties.

Death, bankruptcy, assignment, transfer, transmission, devolution of interest of liability, change of name

If a dead person is a sole party, what happens?

Action abates because “personal action dies with the person” (actio persOnalis moritur cum persona).

What is a third party application/proceedings?

It enables the defendant seek relief by way of contribution or indemnity against a third party

Name some of the lawyer`s ethical duties in respect to parties.

Prior due diligence to determine true, necessary, capable parties; Representation within the bounds of law; Honest & Candid advice to clients; Dedication & Devotion; Professional Secrecy & Privilege; Meticulousness in drafting

What designation of parties is used in Lagos and Abuja courts?

In actions by writ of summons or originating summons in Lagos and Abuja

Who has the capacity to sue and be sued?

Only legal or juristic persons have the capacity to sue or be sued.

If a sole claimant or sole defendant lacks capacity to sue or be sued, what happens to the action?

An action would be struck out as incompetent.

Legal person may be a **** or ****_.

Natural person or an artificial person

Name some natural persons who may have to sue or be sued through other humans.

Infants, lunatics, and bankrupts.

What are the categories of artificial persons?

Corporation Sole, Corporation Aggregate, Registered Firms/Partnerships, and Juridical Persons.

Give some examples of Corporation Sole.

Traditional Stool; Attorney-General; Governor; The President of the FRN

Give some examples of Corporation Aggregate.

Council of Legal Education or Corporate Affairs Commission

What are Juridical Persons?

Bodies created by statutes without express power to sue or be sued but with powers that may adversely affect rights of others.

Can firms/partnerships/business names sue or be sued in their name

They are not legal/juristic persons and are expected to sue in the name of individual partners or sole proprietor.

Can unincorporated bodies sue or be sued in their name?

They lack juristic personality and cannot sue or be sued in their names.

Name the different types of parties to a suit.

Necessary Parties, Proper parties, Desirable Parties, Nominal parties

Who are necessary parties?

Those who are not only interested in the subject-matter of the proceedings but in whose absence, the proceedings cannot not be effectively and completely determined.

Who are proper parties?

A person who has an interest in the subject matter or whose interest would be directly affected by the outcome of the action.

Who are desirable parties?

Those whose presence is not necessary for just determination of the suit.

Who is a nominal party?

A party only by virtue of the office he occupies.

What are representative actions?

When several persons share a common interest in the subject matter of a case, one or more of them may sue or be sued in representative capacity on behalf of others.

What requirements must the court be satisfied with in a class action?

(a) the persons or class of persons interested in the subject matter cannot be ascertained or readily be ascertained; or (b) if they can be ascertained, cannot be found; or (c)though they can be ascertained and found; it is expedient that class action be adopted

What is joinder of parties?

Two or more persons may be joined in one suit as claimants or defendants to prosecute or defend their common reliefs jointly.

What happens in a non-joinder/misjoinder of parties?

Suit not defeated on that ground. Court may deal with the matter as between the parties before it.

What does alteration of parties mean?

Substitution of a party to a pending proceeding

Give examples of the Reasons for alteration of parties.

Death, bankruptcy, assignment, transfer, transmission, devolution of interest of liability, change of name

If a dead person is a sole party, what happens?

Action abates because “personal action dies with the person” (actio persOnalis moritur cum persona).

What is a third party application/proceedings?

It enables the defendant seek relief by way of contribution or indemnity against a third party

Name some of the lawyer`s ethical duties in respect to parties.

Prior due diligence to determine true, necessary, capable parties; Representation within the bounds of law; Honest & Candid advice to clients; Dedication & Devotion; Professional Secrecy & Privilege; Meticulousness in drafting

What powers does the court have regarding parties in a suit?

The court can order the addition, removal, or substitution of a party.

What must an applicant demonstrate to be joined as a party to a suit?

A party applying to be joined must show that their rights or interests may be affected by the outcome of the proceedings.

Why is proper joinder of parties important?

This ensures that all relevant parties are before the court, preventing multiplicity of actions and inconsistent judgments.

What is the consequence of improper joinder of parties?

It may lead to the dismissal of the suit or an order for severance and separate trials.

What happens when a party dies during the course of a suit?

The court can make orders to ensure that the estate is properly represented.

What condition must be met for a suit to continue after the death of a party?

The cause of action must survive the deceased party.

What is the significance of 'Professional Secrecy & Privilege' as a lawyer's ethical duty?

This protects the confidentiality of client communications and information.

What is the rule regarding conflict of interest for lawyers in relation to parties?

A lawyer must not represent conflicting interests.

What does 'Prior due diligence' entail for a lawyer?

This involves conducting thorough investigations and verifying the identities and capacities of all parties involved.

Who are 'interested parties' in a legal context?

These are persons or entities who have a direct legal interest in the outcome of the case.

What can the court do if a necessary party has not been included in a suit?

The court may order the action to be stayed until the necessary party is joined.

What considerations guide a court's decision to join a party to a suit?

The court considers whether the addition of the party will assist in resolving the issues in controversy.

What is the aim of avoiding multiplicity of actions through proper joinder?

This prevents the same issues from being litigated multiple times.

What happens to a suit when a party becomes bankrupt?

The assets and liabilities of the bankrupt party are transferred to the trustee, who then becomes the proper party to sue or be sued.

Who typically takes over the legal matters of a bankrupt party?

The trustee in bankruptcy.

Can rights and liabilities be freely assigned to another party in a legal action?

It depends on the nature of the interest and the specific laws governing such assignments.

Who can continue with a suit if rights/liabilities are assigned?

The party to whom the interest has been assigned.

What is required when there is a change of name of a party?

The new entity must be properly registered or recognized under the law.

What evidence might a court require for a change of name?

The court may require evidence of the name change, such as a deed poll or certificate of incorporation.

What happens if a plaintiff fails to take steps after the death of a party?

The court may strike out the action if the plaintiff fails to take necessary steps to continue the action.

What types of reliefs can a defendant seek against a third party?

This may include a claim for breach of contract, negligence, or other torts.

What jurisdictional requirement must be met in third party proceedings?

The court must have jurisdiction over the third party.

This ensures that all documents filed are accurate