CIVIL PROCEDURE ā Parties ā Joinder of Plaintiffs with Similar Claims ā Permissibility
Ratio Decidendi
Per Musdapher, JSC, in Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC) at p. 7; Paras EāB:
"It is not the causes of action that are joined but two individuals having a similar claim of trespass joined to prosecute the claim against the appellant. See order 15 rule 5 of the applicable High Court Rules."
Explanation / Scope
Joinder of plaintiffs is permissible where they have similar claims arising from the same transaction or series of transactions. The rule permits individuals with a common grievance, such as trespass by the same defendant, to join as co-plaintiffs. This avoids multiplicity of suits and promotes judicial efficiency. The joinder is of persons with similar claims, not of different causes of action.