DONGBAN-MENSEM JCA (Delivering the Lead Judgment): The appellant is dissatisfied with the decision of the trial court delivered by Hon. Justice L.G.A. Marsh of the Lagos State High Court joining it as a co-defendant in the suit of the respondent at the trial court. The ruling was pronounced on the 31st day of January, 2001, following a considering of the arguments of learned counsel on each side in a motion on notice for A the joinder.
The case of the respondent before the trial court is for an alleged disturbance and interference with its possession, use and occupation of a Drain Set-back at Plot 1214C, Karimu Kotun Street, Victoria Island, Lagos. The appellant is said to have commenced some illegal construction on the said plot of land.
The grouse of the appellant is that it had been wrongfully joined as a party in the suit of the respondent who was plaintiff before the trial court. The appellant was joined as a 3rd defendant to the original defendant along with the Eti-Osa Local Gove…