ELDER S. A. SOYINKA V. DR. OLAIYA ONI & ORS

CHINWE E. IYIZOBA, JCA(Delivering the Leading Judgment): This is an appeal against an interlocutory decision of Sidiq J. of the High Court of Ondo State sitting at Akure in which the learned trial judge refused the application of the appellant to be joined as a co-defendant in this suit. The 1st respondent, Dr. Olaiya Oni was the plaintiff in the High court.

The 2nd and 3rd respondents were 1st and 2nd defendants. The 2nd defendant who is a cousin to the plaintiff is the owner and managing director of the 2nd defendant company. The plaintiff's claims in the High Court against the defendants were as follows:

a. A declaration that a sum of N15, 000, 000 .00 kept in account No. 036-000- 4445 by the plaintiff in favour of the 1st defendant at Afribank Nig. Plc Akure Shopping Complex Branch, Akure is meant to be held in trust by the defendants for the plaintiff.

b. A declaration that the outstanding balance of N15, 000, 000.00 in the defendants' account No. 036-000-4445 at Afribank Nig. Pl…