JOSEPH SHAGBAOR IKYEGH, J.C.A.
(Delivering the Leading Judgment)
The interlocutory appeal is against the ruling of the High Court of Lagos State sitting in the Lagos Judicial Division (the court below), whereby it struck out the name of the 1st Respondent as a party to the suit and ordered the joinder of the 3rd Respondent as the 1st Defendant.
Concisely stated, by a writ of summons and statement of claim and a deposition filed on the 5-7-2007, the Appellant claimed against the 1st and 2nd Respondents' damages for a libel. At the close of pleadings, and in the course of pre-trial conference, the 1st Respondent filed an application on notice seeking to strike out her name from the suit on ground of misjoinder. The Appellant opposed the application with a counter affidavit and a written address, to which the 1st Respondent filed a reply affidavit and written address.
The court below heard the application on the merit and ruled that the 1st Respondent was not a necessary party to the suit; t…