CORAM
EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
MAMMAN NASIR
PARTIES
NATHAN ONWUKAEMEKA ONWUKA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
After the trial court granted leave to join the 2nd- 5th defendants to the suit , the plaintiff filed an application seeking to strike out their names on the grounds of lack of interest. ?
HELD
The court held that it would amount to a review of its own decision if the trial court was allowed to join parties after hearing argument of parties, and thereafter on application of parties again strike out the names of such parties.
ISSUES
(1) Whether order 3 rule 7 is in respect of parties at the institution of the action or parties joined by the Court suo motu or on the application of the parties after the institution of the action.(2) Whether in this application the judge is sitting on appeal over its former order or decision or is carrying out the mandatory provisions of statute.(3) Whether this appeal should not succeed since the Court of Appeal failed to consider the issues of audi alteram partem raised by the Appellants
RATIONES DECIDENDI
LIMITATION OF POWER OF COURT TO REVIEW ITS OWN DECISIONS
Where the parties to be at liberty, without exceptional crcumstance and rules of court so permitting them, to bring before the High Court facts which were not put before it came to a decision and to ask for a review of a prior decision on the basis of those facts, finality of decisions would become uncertain – Ayoola J.S.C.
ORDER OF JOINDER OF PARTY – WHETHER APPEALABLE
Where a person has by order of a judge been made a party to a proceeding, that order cannot be reviewed by that judge or any other judge of co-ordinate jurisdiction. It is only an appellate court that may do so – Ayoola J.S.C
CASES CITED
Kelsey v. Doune [1912] 1K.B. 482 Akporue & Anor v.Isicheri Okei & Ors 8 NSCC 649,[1973] 12SC 137 at p 146Orewere &Or v. Abiegbe & Ors [1973] 9 & 10 SC 1; [1973] 8 NSCC 479 Uku & Ors. v. Okumagba & Ors. [1974] 3 SC 35; [1974] 9 NSCC 128
STATUTES REFERRED TO