CIVIL PROCEDURE — Parties — Misjoinder or Non-Joinder — Effect on Action
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in General Electric Company v. Akande & Ors (2010) NLC-3372008(SC) at p. 10; Paras D–E:
"It is trite law and well founded that misjoinder or non-joinder of parties (unless otherwise of necessary or desirable parties) does not vitiate an action when there are still living parties willing to prosecute the case on both sides of the matter."
Explanation / Scope
This principle establishes that misjoinder or non-joinder of parties does not vitiate an action where there are still living parties willing to prosecute on both sides. The exception is for necessary or desirable parties. The principle applies where joinder is challenged. It ensures that actions are not defeated by technical joinder issues. The principle reflects the need for substantial justice. It prevents dismissal where the action can proceed. The court must determine if the joinder is fatal. The principle provides guidance on the effect of joinder issues.