LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — Respondent Cannot Apply to Strike Out Another Respondent
PRINCIPLE STATEMENT
It is not the business of one respondent to apply that another respondent be struck out simply because he feels that the presence of that other respondent is unnecessary. The petitioner who joined him must know the reason why he made him a party.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at p. 13; Paras C–D.
"I do not think it is the business of one respondent to apply that another respondent be struck out simply because he/she feels that the presence of that other respondent is unnecessary. The petitioner who joined him or her must know the reason why he or she made him/her a party in the petition."
EXPLANATION / SCOPE
A respondent lacks standing to seek striking out of another respondent. The principle applies to civil procedure. The petitioner determines who to join. The rule prevents interference with the petitioner’s choice. The respondent’s remedy is to defend, not to strike out others. The principle is well-established.
