RINCO CONSTRUCTION CO.LTD V VEEPEE IND. LTD

Issue:

By this appeal, the appellant is seeking to have this Court reverse the judgment of the Court below. Before that Court, the appellant had appealed unsuccessfully against the ruling of the trial Court which had held that the 1st respondent was improperly joined in the claim of the appellant for an order commanding the 1st respondent and their agents to withdraw any representation they might have made to the 2nd respondent that the 1st respondent has any claims to the 300 KVA Transformer presently situated at Plot No. 18, Idiroko Road, Sango-Otta and a further order perpetually restraining the 1st respondent, their agents, privies and assigns from ever making any such claim to any person or authority whatsoever. Appellant further claimed the sum of N269,500.00 as special damages and the sum of N200,000.00 as general damages. The appellant, in addition to the writ of summons, also filed a 22-paragraph Statement of Claim, which was served on the respondents. In response, a Statement of Defence was filed on behalf of the 2nd respondent. The 1st respondent did not however file a Statement of Defence. Rather than filing a Statement of Defence, the 1st respondent brought a motion on notice wherein it prayed the Court to make an order setting aside the appellant's specially endorsed writ of summons as it did not disclose any triable cause of action against the 1st respondent. The learned trial judge, after due consideration of the submission made to him by the learned counsel for the parties, delivered a ruling and upheld the contention of the 1st respondent. The learned trial judge in effect held that the 1st respondent was not a necessary party to the action as it was improperly joined in the action. As the appellant was not satisfied with that ruling of the trial Court, he appealed to the Court below. From the decision of that Court, the appellant has further appealed to the Supreme Court.