Further to this is the trite law that where there has been a non-joinder either by failure of the parties or an intervener to apply for such joinder or failure of the court to join suo motu, the non-joinder will not be taken as a ground for defeating the action. The said rule is designed to save rather than to destroy, to cure rather than to kill the action or Suit.
– Oseji, JCA. SIFAX v. MIGFO (2015)