(2002) JELR 49434 (CA)    

Court of Appeal  ·  CA/C/132/99 ·  26 Jun 2002 ·  Nigeria
Other Citations
Waldem Ltd. v. Akpainenem [2003] 3 NWLR (Pt.807)300
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
4th defendant
nse okon akpan essien
trial court
okon akpan akpan essien family
learned counsel
ikot ekpene
n. o. a. essien
family of the respondents
partition of the property
applicable rules of court
family of nto akpan essien
rights of the parties
1st defendant
affidavit of the 2nd respondent
akwa ibom state high court
arbitration report
behalf of nto akpan essien
contention of the learned counsel
customary arbitration
decision of akpabio
decision of the learned trial judge
declaration of the statement of defence
findings of the learned trial judge
following reliefs
g. a. umoh
history of the application
joinder of the 4th defendant
justice of this case
leading members
leave of this court
new counsel
nto akpan essien family
order of perpetual injunction
provision of rule
provision of sub-rule
representative of nto akpan essien family
representative of the family of okon akpan akpan essien
said n.o.a. essien
statement of claim
subject matter of the substantive suit
subject matter of this suit
view of the learned trial judge

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of Akpabio, J., refusing the defendants/appellants' application for joinder, of one Nse Okon Akpan Essien, who in subsequent references, would be called 'N. O. A. Essien' whenever the context permits as a representative of the family of Okon Akpan Akpan Essien claimed to be the defendants/appellants' landlord to defend the action for declaration of title to land, trespass to the land and injunction to restrain further trespass to the land instituted against the defendants/ appellants by the plaintiffs/respondents. The history of the application giving rise to this appeal is circuitous for an easy understanding, of which it is necessary to give a rundown of the background facts.

On 15/2/95, the two respondents as plaintiffs took out a writ of summons against the 3 appellants as defendants and in paragraph 26 of their statement of claim filed on 17/3/95, the plaintiffs sought the following reliefs, viz…

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