LEGAL PRINCIPLE: CIVIL PROCEDURE — Parties — Joinder of Parties — Improper Joinder
PRINCIPLE STATEMENT
It is improper to join as co-defendants persons against whom the plaintiff has no cause of action, against whom he has made no claim, and whose interest is adverse to that of the defendants.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ajayi & Ors v. Yemi (2001) NLC-51997(SC) at p. 20; Paras C–D.
"It is improper to join as co-defendants persons against whom the plaintiff has no cause of action and against whom he has made no claim and whose interest is adverse to that of the defendants."
EXPLANATION / SCOPE
Joinder of a party against whom the plaintiff has no cause of action and makes no claim is improper. Additionally, joining a party whose interest is adverse to the defendants is improper. The plaintiff must have a genuine claim against each defendant joined. The court will not allow parties to be added merely for tactical reasons. Improper joinder may lead to striking out of the claim against that party. The principle protects persons from being dragged into litigation unnecessarily. The test is whether the plaintiff has alleged facts against the proposed defendant that, if proved, would entitle the plaintiff to relief. Mere presence or interest is insufficient. The plaintiff must show a cause of action against each defendant.
