Parties to and Dimension of Suits in Civil Procedure

I. Introduction: Parties to a Civil Suit

A civil suit is initiated by one party against another when they are unable to resolve disputes through other means. While often involving two parties over a single issue, civil suits can involve multiple parties and causes of action. The fundamental aspects covered include the requirements to be a party, the roles of plaintiff and defendant, representation, joinder of parties and causes of action, intervention, and third-party practice.

II. General Requirements for Parties

Plaintiff and Defendant: In a first-instance court, parties are known as plaintiff (the party initiating proceedings and making an allegation) and defendant (the party against whom a claim is filed). In appellate courts, they are referred to as appellant and respondent. (Page 83)
Capacity: A primary requirement for all parties (plaintiff, defendant, intervener, third party defendant, etc.) is capacity. Capacity is defined as "the power or ability to perform juridical act." (Page 83) Being a party to a suit is a juridical act.
Capacity to sue or be sued refers to an individual's ability to represent their interest without assistance. (Page 83)
Incapable persons cannot be parties in their own names; they must be represented by legal representatives. (Page 83)
Incapacity can arise from physio-psychological conditions (minors, insane, infirm, those deprived of civil rights due to criminal sentences) or from status/special function (e.g., agents). (Page 83-84)
Every person is presumed to have capacity unless the law states otherwise. (Page 84)
Capacity applies to all parties throughout the proceedings. (Page 85)

III. Party Plaintiff and Party Defendant

Party Plaintiff Requirements:

Capacity: As noted above. (Page 85)
Vested Interest: A plaintiff must have a "vested interest in the subject matter of the suit." This means the plaintiff must possess the right to be enforced under the governing substantive law and have "an immediate stake at a time of filing a case." (Page 85)
The requirement of vested interest exists because civil suits concern individual interests, and only the concerned party can decide to litigate or abandon a claim. It also prevents defendants from facing multiple suits over the same cause of action. (Page 85)
Whether a plaintiff has a vested interest is determined by examining the cause of action stated in their statement of claim. (Page 85)
An example of a vested interest issue is found in suits based on loss of support due to death, where only specific relatives have a claim for compensation. (Page 86)

Effects of Lack of Vested Interest:

The opposing party should raise this as a preliminary objection, stating that the party bringing the action is "unqualified to act in the proceedings." (Page 86)
The court may order substitution or addition of a party if the suit was filed by a plaintiff without a vested interest due to a genuine mistake. (Page 86)
If the suit was filed deliberately by a plaintiff without a vested interest, the Civil Procedure Code does not explicitly provide a rule, but remedies could include dismissal, penalties, and potential criminal liability. (Page 86)
Substitution or addition can also be made by the court's own initiative. (Page 87)
If the defendant fails to object to a plaintiff lacking a vested interest and a decision is made, the defendant cannot object to a second suit by the real party with interest. In this situation, the defendant must satisfy the claim of the real party and potentially sue the original plaintiff based on unlawful enrichment to recover paid amounts. (Page 87)

Party Defendant Requirements:

Allegations: There must be an allegation made against a person to be considered a defendant. The plaintiff must state the claim they are demanding against the defendant, as courts settle real disputes. (Page 87)
The statement of claim must state the specific relief sought from the defendant. (Page 87)

IV. Representation in Civil Suits

Representation Due to Incapacity: Incapable persons must be represented by their "organs of protection." (Page 84-85)
Representative Class Suit: This type of representation is allowed when a suit involves several persons with a "common interest in the subject matter of a suit." (Page 89-90)
This differs from joinder based on the same cause of action or transaction. (Page 90)
Parties should consent to be represented. A person unwilling to be represented can bring a separate suit. (Page 90)
Parties represented in a class suit are bound by the court's decision; the decision is res judicata against them. (Page 90)
Agents and Pleaders: Legal representatives, agents, or pleaders can make appearances, applications, or acts in court, provided they can answer material questions related to the suit. (Page 90)
Legal Representative: A person authorized by operation of law, such as an organ of protection for an incapable person. (Page 90)
Agent: A person authorized to act on behalf of a party. Family members (spouse, sibling, child, parent, grandparent) can be agents if they appear without remuneration. (Page 90)
Government Agent: A person authorized to act for the government in judicial proceedings. (Page 90)
Pleader/Advocate: A person holding an advocate's license, who must also produce a written authorization from the party they represent. (Page 91)

V. Joinder of Parties and Causes of Action

Joinder involves multiplying the number of parties and broadening the scope of litigation. There are conflicting views on joinder, with arguments for pooling resources, efficiency, avoiding conflicting decisions, and arguments against delay and potential embarrassment to the defendant. The Civil Procedure Code attempts to balance these interests. (Page 91-92)

Joinder of Parties:

Forms: Joinder can involve two or more plaintiffs against one defendant (joinder of plaintiffs), one plaintiff against two or more defendants (joinder of defendants), or multiple plaintiffs against multiple defendants. (Page 92)
Types:
- Permissive Joinder: Parties can choose between joint or separate actions. (Page 92)
- Joinder of Plaintiffs: Allowed if the right to relief arises from the "same transaction or series of transactions" and a "common question of law or fact would arise" if separate actions were brought. The claims must be related in origin, but not necessarily identical in interest or remedy sought. (Page 92-93)
- Joinder of Defendants: Allowed if there is a "common question of law or fact, if separate suits were filed against the defendants." The requirement of arising from the same transaction is less emphasized here, though a common question of law or fact is less likely without it. (Page 93-94)
- An exception exists for causes of action from a contract (including negotiable instruments) where joint and several liability applies, and a common question of law or fact is not required. (Page 94)
- Joinder of defendants is also allowed when the plaintiff is unsure which of several persons caused the damage or is liable. (Page 94)
Mandatory Joinder (Indispensable Parties): Parties are obligated to bring a joint action or defense. This is often dictated by substantive law where rights must be exercised jointly or where a decision in their absence would affect them. (Page 96)
Examples include joint owners, joint creditors/debtors, and those who can oppose the judgment. (Page 96)

Effect of Non-Joinder of Indispensable Parties:

Defendant: If an indispensable defendant is not joined, the case is not dismissed; the court orders their joinder. (Page 96)
Plaintiff: There is no explicit rule, but Article 40(2) allows the court to order joinder if necessary for proper determination, subject to the indispensable plaintiff's consent. Since it's a right to sue, they cannot be compelled to join. (Page 97)
If an indispensable plaintiff refuses to join, the court has two options: proceed with the case by making the indispensable party a defendant (to ensure the case proceeds and the party is on record) or dismiss the case (as the joinder is mandatory). (Page 97-98)

Effect of Misjoinder and Non-Joinder of Parties (Permissive Joinder):

A suit will not be defeated solely due to misjoinder or non-joinder in permissive joinder cases. (Page 95)
The court can deal with the matter regarding the rights of the parties actually before it. (Page 95)
Objections regarding misjoinder or non-joinder must be raised at the earliest opportunity or they are waived. (Page 95)
If there is misjoinder or non-joinder in permissive joinder, the court can drop the improperly joined party, demand substitution, or proceed with the case irrespective of the non-joinder. (Page 95)

Joinder of Causes of Action:

Parties are allowed to join multiple causes of action in a single suit, even unrelated claims, as long as it does not cause delay or embarrassment to the defendant. (Page 98-99)
The Civil Procedure Code does not define "cause of action" but requires its presence in the statement of claim. (Page 98)
A cause of action can relate to the nature of the injury or the facts/occurrences giving rise to the claim. (Page 98)

VI. Intervention

Intervention is a mechanism allowing a third party to join a pending suit, distinct from joinder which occurs at the beginning. Intervention can be voluntary or obligatory. (Page 99-100)

Voluntary Intervention (Article 41): A third party can apply to the court to intervene. (Page 100)
The application must be in writing, state reasons, and can be filed anytime before a decision. (Page 100)
The party seeking to intervene must be "interested in a suit between other parties," meaning their interest would be affected by the judgment. Intervention is allowed if the intervener would gain or lose from the direct legal operation of the judgment. This often applies to indispensable parties. (Page 100)
Examples include intervening when the subject matter is jointly owned, or when a party (like an insurer) is likely to be affected by a decision against an original party. (Page 100-101)
If intervention is granted, proceedings are suspended until the original parties are served. The intervener is bound by the decision. (Page 101)
The document does not specify the remedy for a rejected intervention application. (Page 101)
Obligatory Intervention (Article 42): The Public Prosecutor is obligated to intervene in certain civil cases prescribed by substantive law, such as those related to civil status, incapacity, marriage, and bankruptcy. (Page 101)
The draft Civil Procedure Code suggests intervention is required when prescribed by law, rather than listing specific cases. (Page 101)

VII. Third-Party Practice (Impleader)

Third-party practice allows a defendant to bring a third party into a lawsuit who may be liable for all or part of the original plaintiff's claim against the defendant. This is initiated by the defendant. (Page 102)

Purpose: To settle claims involving the same cause of action/transaction in a single suit and avoid subsequent litigation between the defendant and the third party. It is optional for the defendant. (Page 102)
Requirements (Article 43):
- The defendant must claim entitlement to contribution or indemnity from a non-party in their statement of defense. (Page 102)
- The defendant must explain why the third party is liable and the extent of that liability. (Page 102)
- The defendant must apply to the court for the third party to be made a party. (Page 102)
- If the application is allowed, the third party is served with the statement of claim and defense and summoned to appear. They are then treated as a defendant. (Page 102-103)
- The claim between the defendant (third party plaintiff) and the third party is tried as the court directs. (Page 103)
- The rule applies analogously to contribution/indemnity claims between co-defendants, without prejudicing the plaintiff. (Page 103)
- The application for third-party practice is subject to a time limit and should be raised during the first hearing for the defendant's defense. Failure to do so precludes it later. (Page 104)
Indemnity and Contribution: Determined by substantive law. (Page 104)
Contribution: Applies when multiple persons committed the same wrong or have the same obligation to the plaintiff (e.g., joint owners, joint debtors). (Page 104)
Indemnity: Involves the transfer of the whole or part of the defendant's liability to a third party. (Page 104-105)
Limitation: Even if requirements are met, third-party practice may be denied if it unduly complicates or delays the original suit. (Page 105)

VIII. Change of Parties

A change of parties can occur due to events like death or assignment of the subject matter of the suit. (Page 105-106)

Death of a Party: The suit does not abate if the right to sue survives, which depends on substantive law. This generally applies if the subject matter is not a personal obligation of the deceased. Heirs or representatives can replace the deceased party. (Page 105-106)
No change of parties occurs if a party dies after the court concludes the hearing and adjourns for a decision. (Page 106)
Assignment: According to the draft Civil Procedure Code, if a party assigns the subject matter of a pending suit to another, the court can order a change of parties upon the assignee's application. (Page 106)

IX. Pleadings and Pre-Trial Proceedings

Pleadings are the formally written statements filed by parties to bring their claims, defenses, etc., to the court's attention. They are essential for courts to understand and decide on cases. (Page 107-108)

Definition and Purposes:

Pleadings are formally written statements filed by parties regarding their claims and/or defenses. (Page 108)
The Ethiopian Civil Procedure Code lists examples like statement of claim, statement of defense, counter claim, etc., and defines them as documents "originating proceedings or filed in reply thereto." (Page 108-109)
Pleadings serve several purposes:
- Informing the court and the opposing party about the case facts. (Page 109)
- Defining the issues to be decided by the court. (Page 109)
- Limiting the scope of litigation and determining relevant evidence. (Page 109)
- Providing a record of the case. (Page 109)
- Allowing the court to identify areas of agreement and disagreement. (Page 109)
- Enabling the court to frame issues based on the parties' claims and defenses. (Page 109)
- Guiding the parties on evidence needed. (Page 109)
- Serving as a basis for decision in cases of default or admission. (Page 109)

General Pleading Rules:

Requirements:
- Technical: Relate to preparation and format, checked by the registrar. Examples include being handwritten in ink, printed, or typewritten on prescribed paper. (Page 110-111)
- Concise Statement of Material Facts: Pleadings must contain only a concise statement of the material facts on which the party relies for their claim or defense. (Page 110-111)
- This means clear, precise, and plain language, focusing on facts relevant to the subject matter. Irrelevant issues, legal provisions, arguments, and evidence should not be included. (Page 111-112)
- Verification: Unless otherwise provided, every pleading must be verified at the foot by the party or someone directly acquainted with the facts, declaring the truth and correctness of the alleged facts. False allegations are punishable. (Page 112)
- Signature: Every pleading must be signed by the party, their pleader, or an authorized person if the party is unable to sign for good cause. (Page 112)
- Annexes: Certain pleadings, like statements of claim and defense, must be accompanied by required annexes. (Page 112)
Effects of Non-Compliance: Not detailed in the provided excerpts. (Page 110)

Civil Procedure I: Parties to and Dimension of Suits

Quiz

Who initiates a civil suit, and what is the party against whom the claim is filed called?
What is "capacity" in the context of civil suits, and what are some general sources of incapacity?
Explain the requirement of "vested interest" for a plaintiff. Why is this requirement in place?
What are the potential consequences if a plaintiff lacks a vested interest in a suit?
What is the primary requirement for a person to be a defendant in a civil suit?
Describe "representative class suit" as a type of representation in civil suits. What is the reason it is allowed?
What is the primary purpose of joining parties and causes of action in a single suit?
Differentiate between permissive joinder and mandatory joinder of parties.
What are the effects of misjoinder or non-joinder of parties in the case of permissive joinder?
What is "third-party practice" (impleader), and what is its main purpose?

Quiz Answer Key

In a civil suit, the party who initiates the proceeding is called the plaintiff. The party against whom the claim is filed is called the defendant.
Capacity refers to the power or ability to perform a juridical act, such as being a party to a suit. General sources of incapacity include physio-psychological conditions like being a minor, insane, or infirm, and also status or special function like agents (unless authorized).
A vested interest means the plaintiff must be the real party in interest with regard to the particular claim, possessing the right required to be enforced under the governing substantive law. This requirement exists because civil suits concern individual interests, and to prevent a defendant from facing multiple suits over the same cause of action.
If a plaintiff lacks a vested interest, the opposing party can raise an objection. The court may order substitution or addition if there was a genuine mistake. If done deliberately, the case may be dismissed, and the plaintiff could face penalties or even criminal liability.
To be considered a defendant, there must be an allegation made against a person. The plaintiff must state the claim they are demanding against the defendant because courts settle real disputes.
Representative class suit is a representation allowed when a suit involves several persons with the same interest. One person sues or is sued on behalf of all, provided all persons so interested agree to be represented. It's allowed to address cases involving many people with a shared interest in a single suit.
The primary purpose of joining parties and causes of action is to pool resources, share costs, relieve the burden on the court by resolving multiple issues in one suit, and avoid conflicting decisions that might arise from trying related cases separately.
Permissive joinder allows parties to choose between joint actions or separate suits, provided certain requirements are met (like common transaction or common question of law or fact). Mandatory joinder obligates parties to bring a joint action or defense, often required by substantive law for indispensable parties whose rights would be affected by a decision in their absence.
In the case of permissive joinder, misjoinder or non-joinder does not result in the defeat or dismissal of a suit. The court can drop improperly joined parties, demand substitution, or proceed with the parties actually before it in cases of non-joinder.
Third-party practice (impleader) is a procedural mechanism initiated by a defendant to bring an additional party into a suit. The purpose is to settle claims involving the same cause of action/transaction in a single suit, specifically where the defendant claims contribution or indemnity from this third party.

Essay Questions

Discuss the concept of "capacity" in civil suits and its significance for all parties involved, including plaintiffs, defendants, and interveners.
Analyze the requirements for joining multiple plaintiffs in a single suit under Article 35 of the Civil Procedure Code, focusing on the concepts of "same transaction or series of transactions" and "common question of law or fact."
Compare and contrast the principles and effects of permissive joinder and mandatory joinder of parties, providing examples of situations where each type of joinder would apply.
Explain the purpose and requirements of intervention in civil suits, distinguishing between intervention initiated by a third party and intervention by obligation (e.g., by the Public Prosecutor).
Detail the process and requirements for implementing third-party practice (impleader) by a defendant, explaining the concepts of "contribution" and "indemnity" in this context.

Glossary of Key Terms

Appellant: A party considering a suit before an appellate court using its appellate jurisdiction, who is challenging a lower court's decision.
Capacity: The power or ability to perform a juridical act, such as being a party to a suit, without the assistance of another.
Cause of Action: The reason for bringing a suit; the facts or occurrences that give rise to a claim for relief.
Contribution: A situation where more than one person has committed the same wrong against the plaintiff or has the same obligation to him, leading to shared liability.
Defendant: A person subject to a claim in a civil suit; the party against whom a claim is filed.
Impleader (Third-Party Practice): A procedural device enabling a defendant to bring an additional party into a suit who may be liable for all or part of the original plaintiff's claim against the defendant.
Indemnity: A situation whereby a party covers the whole or part of another party's liability, often involving the transfer of liability to a third party.
Indispensable Parties: Parties who are considered essential to a suit and must be joined, often because substantive law requires their participation or because a decision would affect them in their absence.
Intervention: A procedural mechanism allowing a third party to enter an existing suit between other parties, usually because they have an interest that will be affected by the judgment.
Joinder of Causes of Action: The inclusion of multiple claims or issues in a single suit.
Joinder of Parties: The inclusion of two or more individuals or entities as plaintiffs or defendants in a single suit.
Juridical Act: An act that has legal consequences or creates legal rights and obligations.
Mandatory Joinder: A type of joinder where parties are legally required or obligated to bring a joint action or defense.
Material Facts: The essential facts that form the basis of a party's claim or defense in a pleading.
Misjoinder: The improper inclusion of a party in a suit.
Non-Joinder: The failure to include a necessary party in a suit.
Permissive Joinder: A type of joinder where parties have the option to join in a single suit, provided certain conditions are met.
Plaintiff: A party who initiates the proceeding in a civil suit by making an allegation and filing a claim.
Pleadings: Formally written statements filed to a court of law by parties to a suit, outlining their claims, defenses, and replies.
Pleader (Advocate): A person who holds an advocate's license and is authorized to represent a party in court.
Representative Class Suit: A type of representation where one or more individuals represent a group of persons with the same interest in a suit.
Respondent: A party considering a suit before an appellate court using its appellate jurisdiction, who is responding to the appellant's challenge.
Statement of Claim: The initial pleading filed by the plaintiff, outlining the basis of their claim and the relief sought.
Statement of Defense: The pleading filed by the defendant in response to the plaintiff's statement of claim, outlining their defense.
Vested Interest: The requirement for a plaintiff to have a direct legal stake or right in the subject matter of the suit at the time of filing.
Verification: A declaration made under oath or penalty of perjury that the facts alleged in a pleading are true and correct to the best of the party's knowledge and belief.

Questions & Answers

What are the basic requirements to be a party to a civil suit?

To be a party to a civil suit, a person must first have the legal capacity to perform juridical acts. This means they must have the power or ability to represent their interests in a lawsuit without needing assistance. Incapacity can arise from physio-psychological conditions (like being a minor, insane, or infirm) or from a person's status or special function (like certain agents). Incapable persons cannot sue or be sued in their own names and must be represented by their legal representatives or organs of protection. This requirement applies to all parties, including plaintiffs, defendants, interveners, and third parties.

What is required for a party to be considered a plaintiff in a civil suit?

Beyond having the general capacity to be a party, a plaintiff must also possess a vested interest in the subject matter of the suit. This means the plaintiff must have a direct and immediate stake in the claim or allegation being brought before the court at the time of filing the case. The vested interest must stem from a right required to be enforced under substantive law. The law requires this to ensure that civil suits address genuine individual interests and to prevent a defendant from facing multiple lawsuits over the same cause of action from different parties who might benefit from a favorable decision. A plaintiff demonstrates a vested interest by stating a cause of action in their statement of claim.

What happens if a plaintiff brings a suit without a vested interest?

If a plaintiff lacks a vested interest in the subject matter of a suit, the opposing party should raise this as a preliminary objection. Based on this objection, the court may order the substitution or addition of the correct party as the plaintiff, especially if the initial filing was due to a genuine mistake. However, if the suit was brought deliberately without a vested interest to gain an advantage, the Civil Procedure Code does not explicitly state the remedy. In such cases, the suit may be dismissed, and the plaintiff could face penalties for causing inconvenience and potentially criminal liability for making false allegations. If the defendant fails to raise this objection and a decision is made, the defendant cannot prevent a subsequent suit by the real party with a vested interest.

What is the fundamental requirement for a party to be considered a defendant in a civil suit?

For a person to be considered a defendant, there must be an allegation or claim made against them by the plaintiff. Article 33(3) of the Civil Procedure Code states that "No person may be a defendant unless the plaintiff alleges some claim against him." This means the plaintiff's statement of claim must clearly articulate the specific relief being sought from the defendant, whether it involves the payment of money, a request for the defendant to perform or refrain from a specific action, or other forms of relief. This requirement ensures that courts are engaged in settling real disputes where a direct connection exists between the plaintiff's claim and the party being sued.

What are the different ways parties can be represented in civil suits?

Parties in civil suits can be represented in several ways. One form is through representative class suits, where one or more persons represent a larger group with a common interest, particularly when a large number of individuals are involved. Consent of those being represented is generally required. Another common form of representation is by a legal representative, agent, or pleader (advocate). A legal representative is authorized by law (e.g., for incapable persons), an agent is authorized by the party (like family members without remuneration or authorized government agents), and a pleader holds an advocate's license and written authorization from the party. These representatives can make appearances, applications, and act on behalf of the party in court, provided they are knowledgeable about the case.

What is joinder of parties and causes of action, and what are its purposes?

Joinder of parties refers to the situation where two or more plaintiffs bring an action against one or more defendants, or a single plaintiff sues multiple defendants, or multiple plaintiffs sue multiple defendants in a single suit. Joinder of causes of action refers to making more than one distinct claim or issue subject to litigation within the same suit. The purposes of joinder are debated. Arguments in favor include pooling resources, sharing costs, relieving court burden by resolving related cases in one go, and avoiding conflicting decisions. Arguments against it involve the potential for expanding the scope of litigation, causing delays, and potentially embarrassing the defendant. Article 221 of the Civil Procedure Code aims to balance these interests by allowing joinder as long as it doesn't cause undue delay or embarrassment to the defendant.

What is the difference between permissive and mandatory joinder of parties?

Permissive joinder of parties allows parties who meet certain criteria to choose whether to bring a joint action or separate suits. For plaintiffs, permissive joinder (Article 35) requires that the right to relief arises from the same transaction or series of transactions and that a common question of law or fact would arise if separate actions were filed. For defendants (Article 36), permissive joinder generally requires a common question of law or fact, though exceptions exist for claims arising from contracts, including negotiable instruments, and situations where the plaintiff is uncertain about which defendant is liable. Mandatory joinder, on the other hand, obligates parties to bring a joint action or defense. This is typically required by substantive law for certain categories of persons (e.g., joint owners, joint creditors) or for parties whose rights would be directly affected by a decision rendered in their absence.

What is intervention in a civil suit, and what are its types?

Intervention is a procedural mechanism that allows a third party, who was not originally a party to a suit, to join the ongoing proceedings. Unlike joinder, which occurs at the beginning, intervention happens after the suit has started. There are two main types of intervention. The first is voluntary intervention (Article 41), initiated by the third party themselves through a written application stating their reasons. To be allowed to intervene, the party must have an interest that will be directly affected by the judgment in the suit between the original parties, meaning they would gain or lose from the direct legal operation of the judgment. This often applies to indispensable parties. The second type is obligatory intervention (Article 42), where a party, such as the Public Prosecutor, is legally obligated to intervene in certain civil cases prescribed by substantive law (e.g., cases related to civil status, incapacity, marriage, and bankruptcy).

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