HELTON I. OROBATOR V. MRS. MERCY AMATA
July 29, 2025PATRICK IYAMAH & ANOR V. THE STATE
July 29, 2025Legalpedia Citation: (1981) Legalpedia (SC) 49911
In the Supreme Court of Nigeria
Fri May 22, 1981
Suit Number: SC. 66/1980
CORAM
FATAYI WILLIAMS CHIEF JUSTICE OF NIGERIA
NNAMANI SOWEMIMO JUSTICE, SUPREME COURT
IRIKEFE OBASEKI JUSTICE, SUPREME COURT
UWAIS JUSTICE, SUPREME COURT
BELLO JUSTICE, SUPREME COURT
PARTIES
ALHAJI RAJI ODUOLABELLO LAHANCHIEF BELLO AKINRIN (For themselves and on behalf of Ibikunle family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The action is for recovery of possession of land. The present appellants who are claiming through the former defendants sought the leave of court to appeal and add chief Abolade coker as respondent..
HELD
In conclusion, I order that the plaintiffs be and are hereby non-suited. The appellants are awarded N358 costs against the respondents jointly and severally.
ISSUES
Were the appellants necessary parties?
whether on a thorough review of the authorities this court should continue to support the decisions in Odufunade v. Rossek – 1962 1 All NLR 98 and Mobil Oil Nig. Ltd. v. Abolade Coker – 1975 3 S.C. 175.
RATIONES DECIDENDI
JOINDER OF PARTIES.
I am satisfied that whether an order for joinder is made pursuant to an application by the parties or by a court suo motu, the real test is whether the person to be joined will have his interest irreparably prejudiced if an order joining him as a party is not made. PER A. G. IRIKEFE, JSC.
CASES CITED
1. Oduola v. Ibadan City Council (1978) 1 L.R.N
2. Martin v. Strachan – 101 ER 61N.
3. Thompson v. Slade (1856) 25 LJ Ex. 306
4. Amon v. Tuck & Sons Ltd. (1956) 1 All ER.
5. Oriare v. Govt. of Western Nigeria – 1971 1 All NLR 138
6. Uku & Ors. v. Okumagba & Ors. (1974) 3 S.C. 35.
7. Odufunade v. Rossek – 1962 1 All NLR 98
8. Mobil Oil Nig. Ltd. v. Abolade Coker – 1975 3 S.C. 175.
STATUTES REFERRED TO
1. Evidence Act (Cap 62 – Laws of Nigeria
2. Western State of Nigeria High Court Rules
