CHIOMA EGONDU NWOSU-IHEME, J.S.C. (Delivering the Leading Judgment): This appeal arose from the decision of the Court of Appeal, Lagos Division, delivered on 15th July, 2009.
The Court of Appeal, Lagos Division, allowed the 1st Respondent’s appeal in which it held that the 1st Respondent was not a necessary party in the suit and ought not to have been joined as a party to the suit. (The Judgment is at pages 357-367 of the Record).
Being dissatisfied, the Appellants filed a Notice of Appeal dated 7th August, 2009 (See pages 368-372 of the Record).
STATEMENT OF FACTS
The 2nd Respondent (as Claimant at the trial Court) filed a Writ of Summons with a Statement of Claim dated 5th May, 2005 against the 1st and 2nd Appellants (as 1st and 2nd Defendants at the trial Court) claiming, inter alia, the sum of N142,228,516.10k (One Hundred and Forty-Two Million, Two Hundred and Twenty-Eight Thousand, Five Hundred and Sixteen Naira, Ten Kobo) plus interest thereon and an order authorizing the Claimant …