CHIEF B.A.M.E. AWANI & ORS V. EREJUWA II THE OLU OF WARRI

CORAM

ALEXANDER, CHIEF JUSTICE OF NIGERIA

EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)

IRIKEFE, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

PARTIES

CHIEF B.A.M.E AWANI & ORS APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants at the trial court sought to be joined in the suit as co-defednants. Their application was dismissed on the ground that the original defendants have been employing series of delay tactics in the suit and that allowing the appellants at that stage of proceeding would cause further delay in the suit.

HELD

The court held that the trial court was wrong to have speculated as the appellants could not be blamed for the delays experienced in the suit prior to their application. The appeal was upheld and the decision of the trial court set aside.

ISSUES

Whether or not the trial court was right in refusing to join the applicants/appellants as co-defendants in the suit.

RATIONES DECIDENDI

WHEN AN APPELLATE COURT CAN REVERSE THE DISCRETIONARY ORDER OF A TRIAL COURT

This court held that an appeal from a decision made in the exercise of a trial Judges discretion can be entertained when, in exercising his discretion, the trial Judge has acted under a mistake of law, or in disregard of principle, or under a misapprehension of the facts, or has taken into account irrelevant matters, or on the ground that injustice could arise. ALEXANDER, CJN