PHILIP NNAEMEKA-AGU, JCA (Delivering the Leading Judgment): This interlocutory appeal arose from the joinder of the appellant as a party in a suit in which the first respondent was plaintiff and the second respondent, the defendant. The plaintiff did not want to sue the appellant, and the appellant did not consent to his joinder. In the substantive suit, the plaintiff (1st respondent) claimed against the defendant (2nd respondent) as follows:
"The plaintiff's claim against the defendant is for the sum of N140,000.00 being money payable by the defendant to the plaintiff as per a loan agreement dated 25th of November 1977. The defendant has refused and/or neglected to pay the said sum of N140,000.00 despite repeated demands."
The first respondent's statement of claim was a straight-forward pleading showing how the debt arose. The second respondent amended her statement of defence and in the amendment pleaded fraud, non est factum, and unenforceability. She also counter-claimed against t…