Parties by Intervention and Third Party Proceeding
Parties by Intervention and Third Party Proceeding:
Parties by intervention
Civil suits are usually between the parties that have interest in the matter. While the claimant institutes an action against the defendant, the court is expected to decide the matter to cover all the persons that have interest in the subject matter. In course of the proceeding, other persons that have interest in the subject matter of the suit may filed to be joined as parties.
Parties by intervention is the process whereby a person who was not originally joined as a party in a civil suit apply to the court to be joined as a party (Defendant or Claimant). The application shall become important as a result of his interest which would not be covered in the suit, if he is not joined in the action.
The court is always liberal to entertain and adjudicate a matter between parties and it does not lie on the court to choose the parties that shall appear before them in a matter. The power is usually on the claimant to decide on whom to sue in order to enforce his legal right but a person whose interest is to be affected by the decision of the court in the matter and who was not formerly made part of the suit, may file an application to the court to be joined by way of intervention.
The person that files an application in the court to be joined in the suit is called an intervener. He shall be expected to file a motion on notice to the court and serve it on the other parties in the matter and the motion shall be accompanied by an Affidavit and Written Address. The Affidavit shall be deposed to by a party called the Deponent while the written address shall be prepared and filed by the counsel representing the intervener.
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The parties by intervention application shall be entertained by the presiding judge and he shall consider the reasons behind the application and will then decide whether to join the intervener or not. The intervener must state explicitly the reason why he should be considered for the application.
Third party proceeding
Third party proceeding is usually available to a Defendant in a civil suit who decides to join another party as a defendant in the suit not for the purpose of the party joined to prosecute the case but for him to either defend himself over a claim or be held liable. Third party proceeding are special proceedings created by the rules of the courts in favour of a Defendant. So, it is usually the case of the Defendant with the new party joined by way of third party proceeding. The application for third party proceeding usually gives rise to a new claim between the Defendant and the joined Defendant in the suit.
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The purpose of an application for third party proceeding in the court is to avoid multiplicity of actions between the parties.
The application for third party proceeding shall be by way of Motion Exparte supported by Affidavit and written address.
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