3rd Party Suits, Pleadings, Interventions and Class Actions Under Nigerian Law

Third Party Proceedings, Intervention Suits, & Class Actions/Representative Suits in Nigeria – What You Need To Know

In dispute resolution, there are types of suits that should be specially considered when deciding on who can sue and who cannot. It also helps to know when a certain type of courtroom action is necessary.

This article will be looking at 3rd party proceedings, Intervention Suits & Class Actions, especially regarding the topics of :-

– When they are necessary.

– The recognized objections to such suits.

– The requirements needed for such suits.

What is a 3rd party proceeding? 

A 3rd party proceeding occurs where a person sued claims that a 3rd party not before the court is actually responsible for the harm suffered by a plaintiff, hence necessitating the joinder of that 3rd party to the suit.

What are the recognized objections to 3rd party proceedings?

A 3rd party proceeding can be objected to on the grounds of :-

1. Claiming that the 3rd party claims is based on grounds not recognized under Nigerian Law.

2. A 3rd party simply stating that he is not liable to the defendant.

3. The plaintiff alleging embarrassment by a 3rd party suit.

4. Arguing that the 3rd party joinder will delay the trial.

What then is an intervention suit?

An intervention suit is a 3rd party known as an intervener applying to a court via a motion on notice to be joined to a particular suit on the grounds of:-

1. The argument by the intervener that he ought to have been joined in the suit in the first place.

2. Proving to the court that its judgment will affect him.

3. Proving that he is a necessary party for the purpose of properly determining the suit.

What are class actions?

Class actions (or appropriately under Nigerian Law, “Representative Suits”) are group-instituted lawsuits involving a large group of similarly affected plaintiffs on the basis of the need for less cumbersome litigation.

When are representative suits necessary?

Representative suits are applicable in the following subject matters (especially in jurisdictions like Lagos) :-

1. Administration of an estate.

2. Property subject to trust.

3. The construction of any written instrument or law.

4. Disputes involving land held under customary law as family or communally held property.

What are the conditions for bringing a representative suit under Nigerian Law?

To successfully commence a class action, the court must be satisfied that: –

1. There is a class of persons that can’t be easily ascertained.

2. There is a class of persons that might be ascertainable but cannot be found.

3. If ascertainable and found, it is expected to use a class action suit.

Pleadings Under Nigerian Law

In civil litigation, disputes are mainly a contest of facts being adduced by parties to a suit. These facts usually constitute what are known as pleadings and are the means by which parties are to outline their cases under Nigerian law.

This article will be looking at the topics of:-

1. The functions of pleadings.

2. The contents of pleadings under Nigerian law.

3. The types of pleadings.

4. Facts that don’t need to be part of pleadings.

5. The amendment of pleadings where necessary.

What are the functions of pleadings?

The functions of pleadings include: –

1. The proper definition of issues in dispute between the parties.

2. Enabling parties to a suit to have an understanding of the cases they are to face.

3. Serving as a permanent record of the dispute between parties to a suit.

4. Helping the court determine if it has jurisdiction over a matter.

5. It helps to determine where the burden of proof lies.

What are to be the required contents of pleadings under Nigerian law?

Pleadings are to contain strictly facts and not arguments of law except where applicable, as part of proceedings in lieu of demurrer or where customary, Islamic or foreign laws are to be pleaded.

What are the examples of matters that must be specifically pleaded?

The following matters must be specifically pleaded:-

1. Matters that will surprise the other party if not pleaded e.g immunity, illegality or fraud.

2. Insanity in probate matters.

3. Counterclaims & Setoffs.

4. Infidelity in matrimonial cases.

5. Equitable Maxims.

6. Traditional history, custom, family, history in land disputes.

7. Special detailed damages.

8. The failure to fulfill a condition precedent. 

What are examples of facts that do not need to be pleaded? 

The following do not need to be pleaded: – 

1. Satisfaction of a condition precedent

2. Facts that must be presumed

3. Facts that may be judicially noticed.

What are the acceptable ways of responding to statements contained in the pleadings of an opposing party in a suit?

Statements in pleadings can be responded to by :-

1. Traversing: – Which are simply categorical denials.

2. Confession & Avoidance: – This is where a defendant admits an allegation but provides new facts negating the admission. 

3. Counterclaims: – This is a countersuit issued by a defendant in a suit and that actually exists as a suit in its own right even after the determination of the original suit it was commenced counter to.

Are pleadings renewable?

Yes, they are because they are prone to expiration by having validity periods of 3-6 months in most Nigerian jurisdictions.