CHIEF P.C. OKOYE EMMANUEL AGBOGU CHIEF C. O. MORAH I. O. AGUOLU (FOR THEMSELVES AND ON BEHALF OF ‘NRI TOWN EXCEPT THE 1ST DEFENDANT’ ETC. V. PRINCE G. A. D. TABANSI NRI COMMUNITY BANK NIGERIA LIMITED AND PRINCE EMEKA ONYESOH THE REGISTERED TRUSTEES OF NRI PROGRESS UNION

OLAGUNJU, JCA (Delivering the Lead Judgment): On 23/11/95, at Enugu Judicial Division of the Federal High Court, Prince Emeka Onyesoh and the Registered Trustees of Nri Progress union who are not parties to thisappeal sued the defendants/respondents, Prince G.A.D. Tabansi and Nri Community Bank Nigeria Ltd., seeking declaratory reliefs and mandatory and prohibitory injunctions against the defendants/respondents. On 27/2/ 96, the 3rd - 6th plaintiffs/appellants applied to the court (a) to be joined as plaintiffs and (b) to be allowed to represent ‘Nri Town ’in prosecution of the action. In a considered ruling delivered on 12/12/96 (see pages 18 - 27 of the record) the first prayer was granted and the four applicants were joined as the 3rd to 6th plaintiffs, respectively. But the court refused the second prayer that the 3rd to 6th plaintiffs be allowed to prosecute the action as representatives of Nri Town. Aggrieved by the refusal by the court below to be allowed to prosecute the a…