The Registered Trustees Of The Word Of Power Global Ministries International (The Triumphant Christian Centre) V. Dn Tyre And Rubber PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Lagos State in Suit No: ID/870/2012 delivered by Okikiolu-Ighile J. on the 30th April, 2014 wherein the Court granted leave to the Respondent/Claimant to join some persons as defendants.

The material facts of this case are as follow: The Respondent obtained a loan from Sterling Bank Plc and could not liquidate same for some alleged reasons. Thereafter, the Respondent conveyed its property situate at Plot 23 Oba Akran Avenue, Ikeja Lagos to Sterling Bank by a Deed of Assignment dated 18th December, 2009. Sterling Bank afterwards transferred the landed property to the Appellant via a Memorandum of Sale dated 23rd December, 2010.

Consequently, the Respondent sued Sterling Bank Plc by a Writ of Summons and Statement of Claim both dated 18th August, 2012. Sterling Bank filed Statement of Defence dated 21st November, 2012 and the Appellant likewise joined issues with the Respondent by filing a Statement of Defence dated 17th October, 2012. The Respondent by a Motion on Notice dated 10th September, 2013 sought the leave

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of Court to join three more persons. This was opposed by the Appellant via Counter-Affidavit. After hearing parties, the trial Court granted the Respondent’s application for joinder.

Dissatisfied, Appellant has now appealed via an Amended Notice of Appeal dated and filed the 14th October, 2014. The Appellant’s Brief settled by S. O. Elinihe, Esq. of Sonnie Elimihe & Co. is dated and filed the 14th October, 2016. Counsel for the Appellant formulated four issues for determination thus:-

“Whether the application for joinder filed by the Respondent was not incompetent for failure to comply with Order 13 Rule 17(1) and (2) of the High Court of Lagos State Civil Procedure Rules 2012.

Whether the failure of the Respondent to comply with the word ‘shall’ as used in Order 13 Rule 17 (2) of the High Court of Lagos State Civil Procedure Rules 2012 renders the application for joinder dated 10th September, 2013 incompetent.

Whether the Trustees already sued as the Registered Trustees of the word of power Global Ministries can again be joined as necessary parties to the suit.

Whether the Trustees of a Registered Trustees are not an

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agent of a disclosed principal.

On the other hand, the Respondent’s Brief settled by Dave Ajetomobi, Esq. of Ajetomobi, Buhari & Co. is dated 20th October, 2016 and filed on 26th October, 2016. Respondent’s counsel raised two issues. In resolving this appeal, I shall adopt the Respondents issues which to wit are: