JOINDER OF PARTIES – DUTY OF A PARTY SEEKING TO BE JOINED IN A SUIT  

 

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10/10/2019 11:25 am  
"A party seeking to be joined in a suit must satisfy certain conditions; that is; he must prove that he has sufficient interest in the res of the matter. This honourable Court in Ohwavborua & Ors v Peoples Democractic Party (2013) LPELR 20872 (CA) reiterated this condition, when it held thus;

 

The Applicants application is principally anchored on provisions of Section 243(1)(a) of the constitution of the Federal Republic of Nigeria 1999 (as amended), which provides thus:

 

Section 243 Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or  High Court conferred by this constitution shall be: (a) exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or the High Court or the Court of Appeal at the instance of any other person having interest in the matter, and in the case of criminal proceedings at the instance of an accused person or subject to the provisions of this constitution and any powers conferred upon the Attorney General of the Federation or the Attorney General of the state to take over and continue or to discontinue such proceedings at the instance of such other  authorities or person as may be prescribed.

 

The thrust of the instant application by the Applicant, tied to Provision of Section 243(1)(a) of the constitution of the Federal Republic of Nigeria 1999 (as amended) are the words instance of any other person having interest in the matter.. The Supreme Court of Nigeria in one of its most recent decision on this subject in Abubakar Bala v Musa Dikko & Ors (2012) LPELRSC.339/2011 stated as follows:

 

The Appellants/Applicants Motion filed at the Court below 23/13/2011, prayed for the order of that Court granting him leave to be joined in the pending appeal as the 4th Respondent.

 

The law is trite that a party seeking to be joined in appeal particularly as a Respondent must be disclose sufficient interest in the subject matter of the dispute between the parties in the pending appeal. See:- Yakubu v Governor, Kogi State (1995) 8 NWLR (PT. 414) 386 at 404. The question as to what amount to the disclosure of sufficient interest is to interest is to found in the application of the Applicant itself.  per Bage, JCA (PP. 17 18, PARAS. A B)."
 
 
PER A. O.OBASEKI-ADEJUMO, J.C.A IN MRS. TITILOLA AWOSUSI & ORS v. CHIEF LIGALI KAFARU OTABIYI & ORS

Suit No: CA/L/438/2014


LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/438/2014


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