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DAVID ODIO & MERCY ODIO V. MR. ESE ODIO (For Himself And As Representative Of Late Samuel O. Odio's Children)

(2021) JELR 106993 (CA)

Court of Appeal  •  CA/AS/98/2013  •  17 Mar 2021  •  Nigeria

Coram
Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of Honourable Justice M. Umokoro, J. as he then was (Now Chief Judge of Delta State) of the High Court of Justice, Delta State on motion filed on 18th July, 2012 for joinder of Applicants/Appellant third parties.

By the decision delivered on the 8th day of November, 2012 was dismissed.

The Appellants as parties seeking to be joined at the lower Court had by their application of 18th July, 2012 sought to be joined in Suit No. W/251/2012 between Mr. Ese Odio for himself and as representative of late Samuel O. Odio’s children v. Beatrice Odio and Ors. The 1st respondent is the mother of the Appellants/Applicants/Parties seeking to be joined at the lower Court as the 3rd and 4th Defendants in the substantive suit. The Application was dismissed holding that they were not necessary parties in the suit.

ISSUES FOR DETERMINATION

1. Whether in the circumstances of this case, the learned trial jud…

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