<p>KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The real issue in this appeal is whether the learned trial Judge was right in declining to join Texaco Overseas (Nig) Petroleum Company Unlimited (TOPCON) as Co-defendant having regard to the circumstances of this case. As the substantive Suit is yet to be tried, I do not think that the second issue is relevant for consideration in view of the fact that this Court can make a consequential order that Texaco Overseas (Nig) Petroleum Company Unlimited be joined as a party if the resolution of the issue raised above favours the joinder.</p><p> The Supreme Court has laid down the principles which a Court should follow when it is deciding on the effect of non-joinder of a party to a Suit. Oputa J.S.C. postulated the following questions which a Court should ask itself when considering the issue of joinder of parties namely:-</p><p> &quot;1. Is the cause or matter liable to be defeated by the non-joinder?</p><p> 2. Is it possible for the Court to adjudicat…</p>