(1998) JELR 45615 (CA)    

Court of Appeal  ·  CA/E/64M/97 ·  30 Jun 1998 ·  Nigeria
Other Citations
The Reg. Trustees CAC v. Uffiem (1998) 10 NWLR (Pt. 569)
The Reg. Trustees CAC v. Uffiem (1998) 10 NWLR (Pt. 569) 312
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Core Terms Beta
extension of time
grounds of appeal
notice of appeal
interested party
court of appeal
first respondent
said decision
federal court of appeal
final decision
high court
leave of court
supreme court
act of the national assembly
case of civil proceedings
considered ruling
decision of the high court
determination of the appeal
dictum of wali j.s.c.
filing of the notice of appeal
final determination of the issue
following day
following reliefs
fundamental rights of the first respondent
grounds of law
instance of applicant
issue of leave
leading ruling
learned trial judge
lower court
necessary party
own application
reasonable time
respectful view
right of appeal
second respondent
substantive suit
such presumption
third reliefs
time limit
trial court
virtue of section
y.r.s. ike oluwa

SALAMI, J.C.A. (Delivering the Leading Ruling): The first respondent, in an application in the court below, sought leave to enforce their fundamental right. Apparently before that application could be taken the applicant brought its own application seeking to be joined as respondent in the substantive suit or application or in the alternative applying for the suit or application to be struck out or dismissed for want of competence. The application was supported by an eighteen paragraph affidavit. The first respondent did not depose to a counter-affidavit. The learned trial Judge in his considered ruling refused the application on ground that the applicant was not a necessary party for complete and final determination of the issue involved viz whether or not the second respondent has violated the fundamental rights of the first respondent. Having refused the applicant's application for joinder as a respondent, it no longer had competence to pursue its second and third reliefs for strik…

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