Parties

Oputa JSC had cause to define parties as –
"Persons whose names appear on the record as Plaintiff or Defendant".
Similarly, Oputa JSC again in defining 'a party' had this to say –
"A party to an action is a person whose name is designated on record as Plaintiff or Defendant, the term party refers to that person(s) by or against whom a legal suit is sought

CHIEF EMMANUEL BELLO v. INDEPENDENT ELECTORAL COMMISSION & ANOR.(LGC(/5/3/2010)H

By filing that Notice of Withdrawal, he was no longer interested in the outcome of the appeal and the appellant who is desirous of getting to see the final outcome of the appeal cannot be compelled to keep him as a party. If Chief Kayode Adekunle Olusegun Williams has chosen to renounce his interest in the appeal which will determine the rights of the parties in the estate of their deceased father, he is at liberty to do so since it is a personal right which he can forfeit. His withdrawal of his appeal cannot frustrate the 1st appellant's appeal from being heard. By withdrawing his appeal, he will be bound by the outcome of the appeal as if he were a party. See: Green v. Green (1987) 3 NWLR (Pt. 61) 480.

Where a plaintiff has the necessary capacity and locus to bring an action and then brings it, failure to join a desirable party will not deprive him of his initial locus standi and then rob the Court of jurisdiction to entertain his action. See: Ekpere & Ors v. Aforije & Ors All NLR 220; Oloriede v. Oyebi(1984) 1 SCNLR 390.

The preliminary objection has brought to the fore the issue of who are proper parties to the action for it is when the proper parties are determined that the Court will be competent and have jurisdiction over a matter and before the action can succeed.