NATHAN ONWUKA EMEKA ONWUKA V. BEN MADUKA CHIEF C. O. C. CHUKWUJEKWU CHIEF OFOJUA AMIZU CHIEF ALPHONSUS OKOLI CHIEF EMMANUEL IZUNDU

AYOOLA, JSC (Delivering the Lead Judgment): The short question which arises in this appeal is whether where a person has been added as party in a suit by order of the High Court pursuant to Order 3 rule 10 of the High Court Rules (Civil Procedure) 1988 of Anambra State, the court which made that order can, acting under Order 3 rule 7, itself strike out from the suit the name of the party so added on the ground that he had been improperly joined. Order 3, rule 10 provides that:

“If it shall appear to the court, at or before the hearing of a suit, that all the persons who may be entitled to or who claim some share or interest in the subject-matter of the suit, or who may be likely to be affected by the result, have not been made parties, the court may, on the application by such persons or by a party to the suit, permit such persons to be added as plaintiffs or defendants in the suit, as the case may be.” Order 3, rule 7 provides that:

“The court may, at any stage of the proceedings, an…