1. It is provided under order 4 Rule 5 (2) of CI 47 as follows:
At any stage of proceedings the court may on such terms as it thinks just either of its motion or on application.
“(a). order any person who has been improperly or unnecessarily made a party or who for any reason is no longer a party or a necessary party to cease to be a party”
2. The 2nd Defendant/Applicant has invoked this provision and seeks an order disjoining him as a party in this suit.
In his affidavit in support, the 2nd Defendant/Applicant asserts that he was not a party to any contract which gave rise to this suit but had at all material times acted in the capacity of Chief Executive Officer of the 1st Defendant company. He further asserts that the Plaintiff/Respondents endorsement of reliefs reveal that it is the 1st
Defendant and not himself who shall be liable to the relief sought if successful adding that the Plaintiff/Respondents statement of claim does not disclose any reasonable cause of action against him per…