Ratio Decidendi

Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 21; Paras C—D:

"It is well settled that it is the duty of the plaintiff to sue all relevant or interested parties, but if the plaintiff fails to do so it does not mean that his action would fail."
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Explanation / Scope

This principle establishes that while a plaintiff should sue all relevant parties, failure to do so does not necessarily defeat the action. The principle applies where non-joinder is alleged. It ensures that actions are not defeated by non-joinder alone. The principle reflects the flexible approach to joinder. It prevents dismissal for non-joinder. The court must consider the effect of non-joinder. The principle provides guidance on non-joinder.

Cases Applying This Principle

Cameroon Airlines v. Mike E. Otutuizu