(2012) JELR 49336 (CA)    

Court of Appeal  ·  CA/PH/175/2011 ·  15 Mar 2012 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
fwlr pt
learned trial judge
necessary party
1st respondent
notice of appeal
political party
conduct of elections
democratic party
final decision
trial court
application of the appellant
interlocutory decision
learned trial court
leave of the court
2nd sets of defendant
3rd sets of respondents
abuse of the process of the court
court of appeal case
electoral law of river state
following cases
general election
grounds of the preliminary objection
independent electoral commission
laws of the federation of nigeria
leading judgment
local government area
lower courts order
musa dattijo muhammad
notice date 4th day of february
paragraph affidavit paragraph
paul adamu galinje
political parties
position of the law
presence of the applicant
record of appeal
relevant questions
resolve issue no.
respect of an appeal
rivers state
said application
said decision of the lower court
supreme court
tenure of the present office holders
t. o. awotoye j.c.a.
transmission of records parties

T. O. AWOTOYE J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of an appeal against the ruling of Aprioku J. of High Court Rivers State delivered on 14/2/2011 wherein he dismissed the application for joinder brought by the appellant on the ground that it lacked merit.

The appellant being dissatisfied with the ruling filed a Notice of Appeal on 18/12/2011, containing 3 grounds of appeal.

On transmission of records parties filed and exchanged briefs.

The appellant formulated two issues for determination as follows:-

"1) Was the learned trial court right in dismissing unfairly the application of the appellant for joinder at the lower on grounds of appellant not being a necessary party particularly in the light of the learned lower courts order at page 512 of the record of appeal.

2) Was the learned trial court right in dismissing the appellant's application for joinder as an abuse of the process of the court and also the fact that the appellant is not a necessar…

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