HELEN MORONKEJI OGUNWUMIJU, JCA(Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Anambra State, Onitsha Judicial Division, delivered by Hon. Justice C.N. Mbonu-Nwenyi on 17/06/2013.
The facts leading to this appeal are that the 1st Respondent commenced an action against the 2nd Respondent by a Writ of Summons dated 7/10/2009 claiming inter-alia payment of the sum of N10,200,000.00 allegedly owed him from his contribution for share purchase. The 2nd Respondent alleged that the 1st Respondent was indebted to it in the sum of N44,604,815.16 being outstanding balance of loan facility and interest thereon. During the pendency of the suit, the alleged loan and indebtedness of N44,604,815.16 was taken over by the Appellant via a Loan Purchase Agreement between the 2nd Respondent and the Appellant. The 1st Respondent consequently filed an application to join the Appellant in the suit. The Appellant opposed the said application on the gro…