Oando PLC V. Mrs. Comfort Ajaigbe & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Respondents were the victims of kerosene explosions that occurred at different locations in Lagos, and on different dates. They filed a joint action against the Appellant at the Lagos State High Court, wherein they claimed –

“The sum of N22,075,200.00 being special and General damages and compensation for the permanent bodily injuries, medical bills, loss of earnings and destruction of personal properties all resulting from the direct negligence for sale of contaminated killer kerosene which explosions and fire incidence occurred on 11/10/2001, 17/10/2001 and 15/11/2001 respectively to which the Defendant is directly liable in damages and compensation to the Plaintiffs”.

The Appellant entered a conditional appearance, and also filed a Notice of Preliminary Objection to the hearing of the Suit on the following Grounds-

i. The action of the Claimants/Respondents is incompetent or not properly constituted in that the Claimants have jointly brought this action involving distinct and separate causes of action where no common question of fact arise in relation to the joint claims or individual claims of the Claimants/Respondents;

ii. The Court does not exercise jurisdiction over an incompetent or improperly constituted action.

The Objection was brought pursuant to Order 13, rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2004, which provides as follows –

“All persons may be joined in one action as Claimants in whom any right to relief is alleged to exist whether jointly or severally and judgment may be given for such Claimant(s) as may be found to be entitled to relief and for such relief as he or they may be entitled to without amendment”.

Parties filed and adopted Written Addresses, and other provisions of the said High Court Civil Procedure Rules that got thrown into the mix are –

Order 13 rule 16(1), which provides as follows –

“No proceedings shall be defeated by reason of misjoinder or non-joinder of parties, and a judge may deal will the matter in controversy so far as regards the rights and interest of the parties actually before them”.

Order 14 rule 1 of the said High Court Civil Procedure Rules that says –

“Subject to the following rules of this Order, the Claimant may unite in the same action several causes of action; but if it appears that they cannot be conveniently tried or disposed of together a Judge may order separate trials of any such causes of action or may make such order as may be necessary or expedient for the separate disposal thereof”.

Order 14 rule 4 of the same set of Rules that further provides as follows –