GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Auta J. of the Federal High Court, Lagos, delivered on the 2nd day of May, 1997, wherein the learned trial Judge refused to set aside the appellant joinder as the defendant and as well as an order striking out the suit against the appellant on the grounds that the joinder of the appellant as a defendant after expiration of the relevant limitation period was decisive of the respondent's suit.
Briefly, the facts of this case are as follows: By a writ of summons dated 31/8/92, the respondent, as plaintiff, commenced action in personam against C.M.B.S.A. who were described as the owners of the vessel M.V. Concordia and Umarco (Nigeria) Plc., as first and second defendants respectively. The respondent's claim was for breach of contract and/or damages for negligence for the short delivery of 12715 pieces diverse motor spare parts stored in a container and laden on board the M.V. Concordia.
These two de…