LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Joint Tortfeasors – Right of Plaintiff to Sue Any or All Joint Tortfeasors
PRINCIPLE STATEMENT
Being joint tort-feasors, therefore, a plaintiff is at liberty to chose his victim; he may decide to sue either of the master and servant separately or both of them jointly. Where he sues one of them separately and succeeds, this is not a bar to an action against the other who would if sued, have been liable as a joint tort-feasor in respect of the same damage.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ifeanyi Chukwu (Osondu) Ltd. v. Soleh Boneh Ltd. (2000) NLC-741994(SC) at p. 11; Paras A–B.
"Being joint tort-feasors, therefore, a plaintiff is at liberty to chose his victim; he may decide to sue either of the master and servant separately or both of them jointly. Where he sues one of them separately and succeeds, this is not a bar to an action against the other who would if sued, have been liable as a joint tort-feasor in respect of the same damage."
EXPLANATION / SCOPE
Master and servant are joint tortfeasors. A plaintiff may sue either or both at their election. Success against one does not bar subsequent action against the other for the same damage, though the plaintiff cannot recover twice. This reflects that joint tortfeasors are severally liable. The plaintiff’s choice is strategic—considering factors like solvency or evidence availability. The law does not require suing all liable parties. This flexibility ensures plaintiffs can pursue recovery effectively without procedural constraints that would unfairly limit their options.