It is improper to join as co-defendants persons against whom the plaintiff has no cause of action and against whom he has made no claim and whose interest is adverse to that of the defendants.
See Aromire & Ors. v.Awoyemi; (1972) 1 All NLR (pt. 1) 101;
Uku & Ors. v. Okumagba & Ors. (1974) 3 SC 35;
Peenok Investment Ltd. v. Hotel Presidential Ltd. (1983) 4 NCLR 122, (1982) 12 SC 148,
and Green v. Green (1987) 3 NWLR (Pt.61) 480 at 491.
The principle guiding joinder of parties as provided in our various rules of court has received judicial interpretations in our courts and in courts of other common law jurisdictions.
The purpose of the rules is to allow a plaintiff to proceed in the same action against all defendants against whom he alleges to be entitled to any relief whether his claim is brought against the defendants jointly, severally or in the alternative.
The person to be joined must be someone whose presence is necessary as a party and the only reason which makes him a necessary party to an action is that he should be bound by the result of the action and the question to be settled.
There must be a question in the action which cannot be effectually and completely settled unless he is a party.
Per Ogundare JSC in OBA JOSEPH ADEYEMI AJAYI (THE ORA OF OLA) & Ors V. OBA JOSEPH AROLARIN JOLA YEMI. Suit No: SC.5/1997
See also Amon v. Rapheal Tuck & Sons Ltd. (1956) 1 All ER 273 at 279 and Lajumoke v. Doherty (1969) NMLR 281 at 287.
Sorry. Above citation is per OGWUEGBU, J.S.C
