CORAM

---

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

UWANI MUSA ABBA AJI

JAMES SHEHU ABIRIYI

MUSA DATTIJOMUHAMMAD

---

PARTIES

---

MINISTRY OF HEALTH (ADAMAWA STATE HEALTH SYSTEM DEVELOPMENT PROJECT II)

---

MOBILE LINKS TECHNOLOGIES LTD

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The Respondent instituted this action at the High Court of Adamawa State against the Appellants. One Mansur Suleiman and Pharm. Raymond Tartius brought an application for the joinder as 4th and 5thDefendant’s respectively, averring in the affidavit in support of the application that they are parties, in whose absence the suit of the Respondent before the trial court cannot be effectively and effectually determined. The Respondent filed a counter affidavit and a written address opposing the application for joinder. The lower Court dismissed the application for the joinder. Aggrieved, the Appellants have appealed against the said ruling vide their Notice of Appeal, contending that the Respondent did not raise issues of locus standi and abuse of court process but, the lower Court, suo motu raised these issues and without hearing from the parties dismissed the application for joinder on the basis of lack of locus standi and abuse of court process.

---

HELD

---

Appeal Dismissed

---

ISSUES

---

Whether the trial court was right to have dismissed the application for joinder and in holding that the Appellants lacked the locus standi and that the application was an abuse of court process.

---

RATIONES DECIDENDI

---

JOINDER OF PARTIES- PURPOSE OF JOINDER OF PARTIES

---

The purpose of the joinder of a person, natural or legal as a party to an action is that he should be bound by the outcome of the action. The issues to be settled in the action must be such that cannot be effectually and completely settled unless he is made a party. The person to be joined as Plaintiff or Defendant is a person who may have a stake in the subject matter of the suit or who may be affected by the decision of the court. See, Green vs. Green (1987) 3 NWLR (PT. 61) P. 480, Uku & Ors. vs. Okumagba & Ors. (1974) 3 SC P. 35, Peenok Investments Ltd. vs. Hotel Presidntial Ltd. (1982) SC. and Azubuike vs. PDP & Ors. (2014) LPELR – 22258 (SC) P. 26, Paragraphs A-C”. –

---

AGENCY RELATIONSHIP – WHETHER AN ACTION CAN BE INSTITUTED AGAINST AN AGENT AND A KNOWN PRINCIPAL

---

“In the present situation where the Respondent took out an action against a known principal, the principal is the proper party to have been sued and rightly so for anything done or omitted to be done by the agent, the disclosed principal is liable to take responsibility for the conduct of his agents. The law is that even where the principal is sued with his agent, the name of the agent would be struck out. The Respondent in this appeal would and is entitled to pursue his remedy as sought at the lower court without the parties sought to be joined at the lower court. In Niger Progress Limited vs. North-East Line Corporation (1989) LPELR – 1996 (SC); (1989) 3 NWLR (PT. 107) P. 68 his lordship Obaseki, JSC at P. 20, paragraphs B-C held that:
“A disclosed principal may sue or be sued on any contract made on his behalf and in respect of any money paid or received on his behalf by his agent acting within the scope of his actual authority. (Duke Of Norfolk vs. Warthy (1808) 1 CAMP 337).
See, Ikedife & Anor vs. Obienu (1975) LPELR – 1471 (SC) P. 14, Paragraphs D – F, Akalonu vs. Mrs. S. O. Omokaro (2002) LPELR – 7131 (CA) PP. 16 – 18, Paragraphs F – E, GTB PLC. vs. Solomon (2016) LPELR – 40342 (CA) PP. 15 – 16, Paragraphs F-B, Nwankwo & Anor vs. Okoli & Anor (2018) LPELR – 44053 PP. 106 – 107, Paragraphs E-B and Stanbic IBTC Bank vs. Longterm Global Capital Ltd.& Ors. (2018) LPELR – 44053 (CA) PP. 106 – 107, Parargraphs E-B.
Since the parties sought to be joined were agents of the 1st Appellant (the position which the Appellants accepted) the law is that the envisaged liability or otherwise of the agents cease where the principal is disclosed, it is the principal and not the agents who in the present circumstance are answerable for any act or omission of the agent, the act of such agent is taken to be that of his principal. It would be taken as if it was the principal that did what the agent did or failed to do, in other words, he who does an act through another is deemed in law to have done it himself. Therefore, an action against a known principal and the correct party for the Respondent to have sued is the principal for an effectual determination of the dispute between them, the agents (the parties sought to be joined) need not be joined as defendants for the proper determination of the case. See, Akalonu vs. MR. S. O. Omokaro (2002) (Supra), Allied Trading Co. Ltd. vs. GBN Line (1985) 2 NWLR (PT 5) 74, Niger Progress Ltd. vs. North-East Line Corporation (1989) (Supra) and Qua Steel Products Ltd vs. Bassey (1992) 5 NWLR (PT 239) 67.
There are situations where an agent would be liable for the acts of the principal, where an agent exceeds the limit or bounds of its authority as has been alleged in the present case. See, Cotecna International Limited vs. Churchgate Nigeria Limited & Anor. (2010) LPELR – 897 (SC) –

---

CASES CITED

---

Not Available|

---

STATUTES REFERRED TO

---

Adamawa State High Court (Civil Procedure) Rules, 2013|

---

CLICK HERE TO READ FULL JUDGMENT