[Just In] Tenure Elongation: Industrial Court Orders Applicants To Be Joined as Parties To A Suit

• 1684 Thursday 19th April 2018

 

His Lordship, Hon. Justice O. O. Arowosegbe of the National Industrial Court of Nigeria, Owerri Judicial Division Thursday 19^th April in a ruling ordered COMRADE ASHAMKONYE JOHN-MAYOR and COMRADE NNOROM VICKLET (MRS.) to be joined as parties to a suit in case of COMRADE NDUBUISI NGOZI & Ors V.   COMRADE HYGINUS OHAZURUIKE & 7 ors.

  

This suit commenced by way originating summons on 17/11/2017. The reliefs sought among others; A declaration that the tenure of the defendants has expired. A declaration that the tenure of the Claimants [sic] are still subsisting, A declaration that the defendants have no powers to conduct elections in any of the local branches at all or the 16 local branches of NULGE and An Order of perpetual injunction restraining the defendants from conducting any election in the 16 Local branches of NULGE or interfering in any manner with the rights, privileges, duties and functions of the Claimants.

 

Furthermore, On the 13^th February, 2018 the parties who sought to be joined in this action brought a motion on notice dated the 13^th February 2018 seeking for An Order joining the parties sought to be joined, as 3^rd and 4^th claimants respectively in this suit and An Order that the Originating processes and other processes be served on the parties sought to be joined upon being joined as 3^rd and 4^th claimants respectively in this suit.

 

In arguing this issue, counsel referred to Order 13, Rule 1 of the rules of this Court to the effect that all persons may be joined in one action as claimants in whom any right to relief is alleged to exists whether jointly or severally and judgment may be given to such claimants as may be found to be entitled to relief.

 

Defendant Counsel submitted that the applicants have not shown any evidence showing that the cause would be defeated without their joinder and neither have they shown that the cause of action herein cannot be adjudicated without their joinder. Counsel also submitted that it has not been shown what the joinder of the applicants would cure as a defect in the action.

 

In opposition, Claimant Counsel submitted that the reason for joinder is to ensure that the party is bound by the outcome of the case.

 

Claimant Counsel finally submitted that since the intention of the defendants is to cover their tracks over violation of rights members of the same union with them, the Court should not allow the defendants to gain from their wrong doings by refusing this application.

 

After reviewing the argument of the parties, the Court Presided by Hon. Justice O. O. Arowosegbe expressed thus;

 

“I have carefully summarized the addresses of counsel with respect to this application. It is also very clear that the two applicants have a cause of action, which they could ventilate against the defendants and that this cause of action raises exactly the same question of law, and even of fact, as raised in the extant action by the extant claimants. Let me reiterate that, one of the cardinal reasons for joinder is to avoid multiplicity of actions

 

In the end, I find the application for joinder meritorious and same is hereby granted as prayed. The two applicants are hereby joined in this action as co-claimants numbers 3 and 4 respectively. And the processes of Court thereafter are henceforth to reflect this. The 3^rd and 4^th claimants who have just been joined by the order of this Court are to apply for certified true copies of all the originating processes and any other process relating to this action they desire to have.

 

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