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APPELLANT NEED NOT BE JOINED WHEN COMPANY IS SUED

Dictum

Since the defendant/appellant can bring action in the name of the company, it is not the law that he should be joined. It is action in the name of the company.

– Ejiwunmi JSC. Unibiz v. Lyonnais (2003)

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PURPOSE OF JOINDER

The purpose of joinder of parties in an action is to enable the court to effectually and completely adjudicate upon and settle all questions involved in the cause or matter see: Oladeinde and Anor. v. Oduwole (1962) WNLR 41. It is an elementary and fundamental principle that a judgment in personam is only binding on the parties to the lis. Accordingly, all parties who may be affected by the result of the litigation may be joined either as plaintiffs or defendants.

– Karibe-Whyte JSC. Awoniyi v. AMORC (2000)

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