LEGAL PRINCIPLE: CIVIL PROCEDURE — Joinder of Parties — Co-Plaintiffs — Libel Action Arising from Same Publication
PRINCIPLE STATEMENT
Where a defendant publishes defamatory words of two or more plaintiffs in the same libel, and common questions of law or fact would arise, the plaintiffs may be joined in one action as their rights to relief arise out of the same publication.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Edem & Anor v. Orpheo Nigeria Limited & Anor (2003) NLC-1711999(SC) at pp. 17–18; Paras D–A.
"Where one or more defendants published defamatory words of two or more plaintiffs in the same libel or slander, and common questions of law or fact would arise for the determination of the court if separate actions were brought by the plaintiffs against the defendants, the plaintiffs could be joined in one action as their rights to relief arise out of the same publication."
EXPLANATION / SCOPE
Co-plaintiffs may be joined in a libel action arising from the same publication. The principle applies to tort law. Common questions of law or fact justify joinder. The rule promotes judicial efficiency. The court has discretion to order joinder. The principle is well-established.