sought. The court makes this latter finding based on the fact that the court
itself is a creature of statute so is its jurisdiction. Therefore, once the
Constitutive Text setting up the Court does not give it a particular
jurisdiction, it cannot assume that duty on its own. The court has no
jurisdiction to enforce its own decisions as this action is seeking to do, hence
this action will not be entertained by the court.
On the issue of whether the parties in this suit are proper parties, it is trite
that Parties to an action have been classified into three namely:
a. Proper parties
b. Desirable parties, and
c. Necessary parties.
The classification is essential to the survival of any suit since firstly the
constitution of the suit invariably depends on the quality of the parties, and
secondly the execution of any judgment of the court equally depends on the
quality of the parties.
Proper parties are those whose absence an effective order can be passed,
but whose presence in the suit is necessary for a complete and final decision
on the question/issue involved in the suit. In absence of a proper party an
order or decree can be passed.
Desirable or nominal parties are those who have interest in the plaintiffs’
claims or who may be affected by the result of the decision.
Indispensable or necessary parties are those that are not only interested in
the subject matter of the proceedings but also whose absence in the matter
will render the court unable to effectually and completely adjudicate upon
issue before the court. (See Black’s Law Dictionary, 7 ed. 1999)
18