May 24, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 61113 In the Supreme Court of Nigeria Fri Dec 10, 2010 Suit Number: SC.30/2003 CORAM PARTIES PANALPINA WORLD TRANSPORT (NIG.) LTD APPELLANTS J. […]
CORAM
PARTIES
PANALPINA WORLD TRANSPORT (NIG.) LTD APPELLANTS
J. B. OLANDEEN INTERNATIONAL & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent sued the 2nd-5th respondent for breach of contract for carriage of goods by sea and later joined the appellant which the trial court struck out suo motto, at the trial the 1st respondent lost. The 1st respondent on appeal filed an interlocutory application to join the appellant. His application was later granted. Aggrieved, the 5th respondent filed interlocutory appeal in the Supreme Court.
HELD
Appeal dismissed
ISSUES
(1) Whether the appellant was originally party to the proceedings at the trial court and could therefore be validly joined as a party to the case by the Court of Appeal on 2/11/2000 when it was clear to the said court that the joinder would have the effect of taking away the appellant’s accrued statutory right of defence in the matter.?
(2) Was the lower court right to have granted an order joining the appellant as a party to the appeal when it was clear that the appellant was merely an agent of a disclosed principal who was already a Party to the action.?
(3) Was it necessary in the circumstance of the case for the appellant to first wait to be joined until the substantive appeal before the lower court come up for hearing before it can challenge its joinder and/or raise any statutory right of defence in the matter.?
(4) Whether it was proper for the lower court and/or within its jurisdiction which had previously considered and refused a similar application also filed by the 1st respondent seeking to join the appellant as a party to now purport to overrule itself on the same issue in the same matter by granting the 2nd application to join the appellant as 5th respondent in the appeal.?
RATIONES DECIDENDI
PARTIES – MEANING OF A NECESSARY PARTY
A necessary party to a proceeding is a party whose presence and participation in the proceeding is necessary or essential for the effective and complete determination of the claim before the Court. Per MOHAMMED J.S.C
EFFECT OF COURT ORDER ON APPLICATION NOT HEARD ON THE MERIT.
When an order of court is made in respect of an application not heard on the merits, it amounts to striking out simpliciter. Even where an order of dismissal is made following a hearing which is not based on the merits, such order is still considered in law a mere striking out. When a matter is struck out in such circumstance, there is a liberty to relist. Per Adekeye JSC
CASES CITED
1. Alor v. Ngene (2007) All FWLR pt.362 pg.1836
2. Waterline Nigeria Limited v. Fawe Services Limited FWLR pt.163 p9.88.
3. In-Re Mogaji (1986) 1 N.W.L.R. (pt.19) 579.
STATUTES REFERRED TO
NONE