NIGERIAN PORTS AUTHORITY VS EPHRAIM ADEWOGA BANJO
August 22, 2025A. SAVAGE & ORS. VS O. UWECHIA
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 17137
In the Supreme Court of Nigeria
Thu Mar 30, 1972
Suit Number: SC. 265/1969
CORAM
ADEMOLA JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
FASASI ADESHINA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/respondent as administrator of the estate of the deceased sued the appellant for up to date account of the business of Commercial and Industrial Transport Services wherein the deceased was a partner before his death and for dissolution of the said partnership. The trial court granted the reliefs claimed by the plaintiff/respondent.
HELD
The decision of the trial court was set aside as it failed to avert its mind to the facts that there were some others partners in the business that were not joined as party.
ISSUES
Whether or not the failure to join other partners in an action brought by a partner for account is fatal to the suit
RATIONES DECIDENDI
NECESSARY PARTIES IN PARTNERSHIP
“The general rule is that, provided the numbers of partners are not great, in an action for an account of a partnership by one of the partners against some of the other partners, all the partners are necessary parties and ought to be joined as parties to the suit.”…. MADARIKAN, JSC
CASES CITED
Hill v. Nash (1845) 1 Ph. 594 reported in 41 ER
STATUTES REFERRED TO
