WALDEM HOLDINGS LTD. & ORS V. S. E. AKPAINENEM & ANOR

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of Akpabio, J., refusing the defendants/appellants' application for joinder, of one Nse Okon Akpan Essien, who in subsequent references, would be called 'N. O. A. Essien' whenever the context permits as a representative of the family of Okon Akpan Akpan Essien claimed to be the defendants/appellants' landlord to defend the action for declaration of title to land, trespass to the land and injunction to restrain further trespass to the land instituted against the defendants/ appellants by the plaintiffs/respondents. The history of the application giving rise to this appeal is circuitous for an easy understanding, of which it is necessary to give a rundown of the background facts.

On 15/2/95, the two respondents as plaintiffs took out a writ of summons against the 3 appellants as defendants and in paragraph 26 of their statement of claim filed on 17/3/95, the plaintiffs sought the following reliefs, viz…