ONWUKA & ANOR
V.
MADUKA & ORS

(2002) JELR 44488 (SC)    

Supreme Court  ·  SC.141/1998 ·  27 Sep 2002 ·  Nigeria
 · 
Other Citations
Onwuka v. Maduka (2002) 18 NWLR (Pt.799) 586 (2002) 9 - 10 S.C 142
CORAM
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court
order
parties
appeal
high court
application
party
appellants
person
own decision
5th defendants
defendants
court of appeal
issues
third issue
leading judgment
decision of the court of appeal
decision of this court
high court rules
names of any party
nnewi community
order of the high court
preliminary objection
subject matter of the suit
such persons
valid objection
2nd-5th defendants
a. i. iguh
anambra state
breach of a fundamental principle of the rule
civil procedure
e. o. ayoola
fresh arguments
hearing of a suit
high court of anambra state
issue no.1
judicial review
leading judgment of the court
learned judges of the court of appeal
main affidavit
name of the party
names of parties
names of the added defendants
original defendant
reason of a breach of procedure
review of a prior decision
significant departure
similar principles
stage of the proceedings
trial judge

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): The short question which arises in this appeal is whether where a person has been added as party in a suit by order of the High Court pursuant to 0. 3 r. 10 of the High Court Rules (Civil Procedure) 1988 of Anambra State, the court which made that order can, acting under O. 3, r. 7, itself strike out from the suit the name of the party so added on the ground that he had been improperly joined. O. 3, r. 10 provides that:

"If it shall appear to the court, at or before the hearing of a suit, that all the persons who may be entitled to or who claim some share or interest in the subject matter of the suit, or who may be likely to be affected by the result, have not been made parties, the court may, on the application by such persons or by a party to the suit, permit such persons to be added as plaintiffs or defendants in the suit, as the case may be."

O. 3, r. 7 provides that:

"That court may, at any stage of the proceedings, and on s…

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