Legalpedia Citation: (2010) Legalpedia (SC) 21720
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Dec 9, 2010
Suit Number: SC.337/2008
CORAM
PARTIES
GENERAL ELECTRIC COMPANY APPELLANTS
HARRY AYOADE AKANDELAWRENCE ADEMOLA OKUNOLANEW AFRICAN DEVELOPMENT COMPANY LIMITEDNEW AFRICAN TECHNICAL AND ELECTIUCAL COMPANY LIMITEDPOWER HOLDING COMPANY OF NIGERIA PLC RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellant filed a motion before the trial court for the hearing of these points of law on 2/4/01. The learned trial judge struck out the motion on notice for reason that the issues had already been previously litigated. However, the issues of failure of the plaintiff now 1st respondent to have obtained leave of the trial court to institute a minority shareholders action was not placed before the court.
HELD
APPEAL DISMISSED
ISSUES
Not Available.
RATIONES DECIDENDI
CIRCUMSTANCES WHERE MISJOINDER OR NON JOINDER OF PARTIES CANNOT VITIATE AN ACTION
“It is trite law and well founded that misjoinder or non-joinder of parties (unless otherwise of necessary or desirable parties) does not vitiate an action when there are still living parties willing to prosecute the case on both sides of the matter”
CASES CITED
Not Available.
STATUTES REFERRED TO
Not Available.|