Principle

CIVIL PROCEDURE – Joinder of Parties – Options Available to Appellate Court Where Action Improperly Constituted

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Appellate courts facing improper constitution/non-joinder have four remedial options: (1) Remittal: Send back for retrial with proper parties joined—appropriate when: joinder will cure defect, case deserves resolution on merits, and amendments are manageable. (2) Strike out: Dismiss action—appropriate when: amendments would be extensive/complicated, retrial impractical,…

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