JOINDER OF ADDITIONAL PARTIES

• Date: 06 February 2019

(1) "As was observed by Devlin J. in Amon. v. Raphael Tuck & Sons Ltd. (1956) 1 All E.R. 273 the only reason which makes it necessary to make a person a party to an action is so that he should be bound by the result of the action and the question to be settled therefore must be a question in the action which cannot be effectually and completely settled unless he is a party. This is purely a question of jurisdiction. In considering Order 16 rule 11 of the English Rules Willmer J. in The Results (1958) Probate 174: - said at page 179: "The rule providing for the joinder of additional parties is R.S.C., Ord. 16, r. 11. It is not, I think, disputed that the third parties are entitled to the order sought only if they can bring themselves within the terms of that rule. Having regard to the terms of the rule, it appears to me that the questions to be determined on this summons are these. First, at pp. 63 - 64, is the cause or matter liable to be defeated by the non-joinder of the third parties as defendants? This, I think, means in effect: is it possible for the Court to adjudicate upon the cause of action set up by the plaintiffs, unless the third parties be added as defendants? Secondly, are the third parties persons who ought to have been joined as defendants in the first instance? Thirdly, and alternatively, are the third parties persons whose presence before the Court as defendants will be necessary in order "to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter?" And finally at p. 184: - "In these circumstances, in my judgment, the third parties application to be added as defendants must fail, because it is not shown that the cause or matter i.e., the dispute arising in relation to the plaintiffs’ claim - is liable to be defeated by the non joinder of the third parties as defendants, nor is it shown to my satisfaction that the third parties are persons who ought to have been joined as defendants in the first instance, or that their presence before the Court, as defendants, is necessary to enable the Court effectually and completely to adjudicate upon and settle all questions involved in the cause or matter, within the meaning of the rule." - Per Udoma, J.S.C. in Chief A.O. Uku & 4 Ors. v. D.E. Okumagba & 3 Ors. Suit No. S.C. 30/1970; (1974) 9 N.S.C.C. 128 at 140; (1974) 3 S.C.35 at 63 - 64.

(2) "The test as to whether there should be joinder of a...