LEGAL PRINCIPLE: CIVIL PROCEDURE – Joinder of Parties – Effect of Suing Wrong Defendant – Action Improperly Constituted
PRINCIPLE STATEMENT
It follows from the finding that there are no defendants against whom plaintiffs can proceed; in the absence of any competent defendant, as the finding has disclosed before the case went on trial, the action should have been struck out on the ground that it is improperly constituted.
RATIO DECIDENDI (SOURCE)
"It follows therefore from this finding that there are no defendants against whom Plaintiffs can proceed. In the absence of any competent defendant, as the finding has disclosed before the case went on trial, the action should have been struck out on the ground that it is improperly constituted. The Court of Appeal was right to so hold."
EXPLANATION / SCOPE
When plaintiffs sue wrong defendants—persons against whom they have no claim—the action is improperly constituted and should be struck out. “No defendants against whom plaintiffs can proceed” means: named defendants aren’t proper parties, plaintiffs have no claim against them, and no justiciable dispute exists. “Improperly constituted” means: fundamental defect in action composition, wrong parties named as defendants, and action cannot proceed as framed. This differs from non-joinder (failing to add necessary parties—see Principle 482). Here: plaintiffs sued wrong people entirely, not merely omitted additional parties. Proper remedy: strike out the action—not proceed to trial, not merely add parties, but dismiss as fundamentally defective. This serves: preventing litigation against wrong parties, protecting improperly sued persons from defending baseless claims, and ensuring actions are properly framed before trial. The finding should be made early—before trial if evident from pleadings, preventing waste of judicial resources on improperly constituted actions. Courts must distinguish: proper defendants not joined (curable by joinder) from wrong defendants sued (requiring striking out and refiling against proper parties)