M.D. DAUDAWA PETROLEUM LIMITED V. GUARANTY TRUST BANK PLC

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal before us is in respect of the Ruling of the Federal High Court (the lower Court) sitting in Kaduna in an application for joinder. The Appellant M.D. Daudawa Petroleum Ltd. on 4/8/14 filed a motion on notice before the lower Court praying for an order to be joined as a party in suit No. FHC/KD/CS/30/2014 as an interested party and for an order directing the Receiver/Manager to effect service of requisite Court processes already filed in the suit on it or its Counsel and to reflect the joinder in the processes. From the affidavit in support of the motion before the lower Court, we can gather the following background facts. The deponent of the Affidavit averred that the Appellant was mentioned in the substantive suit as being in receivership; that the Appellant is actually still in possession of its assets; that the Appellant still does business; and that the Appellant would be affected by any order or jud…