Effect of mis-joinder or non-joinder of parties to an action
In any action, be it civil or criminal, one of the germane preliminary considerations to be made by the instituting party is to know the person(s) to sue.
It is unarguably the duty of the plaintiff to bring to court any party whose presence is crucial to the resolution of his case because only him can decide on the person he believes he has a relief against.
To this end, in a situation where a the plaintiff does not join the necessary party or a party who is ordinarily not supposed to be sued is joined as a party, the effect of this on such plaintiff is as captured in the pronouncement of the Court below:
It is trite law that where there has been a non-joinder either by failure of the parties or an intervener to apply for such joinder or failure of the court to join suo motu, the non-joinder will not be taken as a ground for defeating the action.
SIAX NIGERIA LIMITED & ORS v. MIGFO NIGERIA LIMITED & ANOR (2015) AELR 6513 (CA)
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