THE REG. TRUSTEES CAC
V.
UFFIEM & ANOR.

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…