This ruling is in respect of Motion on Notice filed by the 1st and 2nd Defendants praying this Court for an order striking out their names as parties to this suit. The Plaintiff/Respondent has opposed the application on various grounds.
The Defendants/Applicants aver that 1st and 2nd Defendants/Applicants are officers of the 3rd Defendant which has a separate legal personality, but 1st and 2nd Defendants/Applicants have been joined to the suit in their personal capacities. Meanwhile, at all material times, they were acting as agents for 3rd Defendant. By virtue of this agency relationship between 1st and 2nd Defendants and 3rd Defendant, Plaintiff/Respondent has erred in substantive law and procedure by joining 1st and 2nd Defendants to this suit in their personal capacities. This is because the 3rd Defendant, which is the principal, is responsible for whatever action taken by 1st and 2nd Defendants as agents.
According to counsel for the Defendants, the 1st and 2nd Defendants/App…