CORAM

M.L.UWAIS, JUSTICE SUPREME COURT

PARTIES

MOBIL OIL NIGERIA LIMITED APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff/respondent had a contract with the defendant/appellant, the business relationship had broken down due to lack of performance on the part of the defendant/appellant. The plaintiff sought remedy in court, during the trial had sought to join a co-plaintiff which was refused by the trial court. On appeal the lower courts decision was upturned. Being dissatisfied the defendant/appellant has appealed.

HELD

This appeal is devoid of any merit and it is dismissed. The judgment and order of the Court of Appeal are hereby affirmed. Since the respondent has not written any brief and did not put up appearance there will be no order as to costs.

ISSUES

NONE

RATIONES DECIDENDI

JOINDER OF PARTIES

That joinder of parties, if it is found to be necessary, maybe made at anytime during trial with a view to adjudicate upon and settle all questions involved in the cause. The interest of justice demands that, as far as possible, the issues between the parties should be determined once and for all, so as to avoid multiplicity of proceedings. Per IBEKWE JSC

CASES CITED

1. Chief A.O. Uku & 4 Ors v. D.E. Okumagba & 4 Ors (1974) 3 SC 352. Miguel Sanchez and Campania S.L. v. The Result (Owners) Nello Simoni Ltd; Third Party (1958) Probate 1743. Chief S.O.N. Okafor v. D.O. lkeanvi & Ors. (1979) 3-4 S.C. 99 at 1064. Chief Ojah & Ors. v. Chief Eyo Ogboni & Ors. (1976) 4 SC 695. Ilona & Ors. v. Dei & Ors. (1971) 1 All NLR 86. Maxwell v.Keun (1928) I K.B. 645.

STATUTES REFERRED TO

Rules, Cap. 51 of the Laws of Cross River State, 1981

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