30 Questions
What is the consequence of not joining a party or erroneously joining a party in a lawsuit?
The error is remediable in the manner provided
What is the term for uniting all parties who have the same rights or against whom rights are claimed?
Joinder of parties
What is the effect of joining all parties with the same rights or claims in one action?
Judgment can be given for one or more claimants as may be found entitled to relief
What happens to the trial judge once the suit is filed?
The trial judge becomes dominus litis
What is the requirement for joining parties in one action according to Order 13 Rule 1(2)?
Any right to relief is alleged to exist whether jointly or severally
What is the name of the case that supports the proposition that all persons may be joined in one action?
Meacho v. Inland Med. Co. (Nig.) Ltd.
What is the consequence of a court fully disposing of a matter?
The court becomes functus officio.
What is the purpose of an application to strike out the name of a misjoined party?
To remove improperly joined parties from the case.
What is the requirement for a fair trial according to the Universal Declaration of Human Rights?
Full equality to a fair and public hearing.
What is the purpose of amending the writ of summons and pleadings after an order for misjoinder is made?
To reflect the order and remove the misjoined party.
What is the provision of the African Charter on Human and Peoples' Rights regarding fair trial?
Article 7 provides for full equality to a fair and public hearing.
What is the consequence of a misjoined party being struck out?
The court can effectually and completely resolve the matter.
What is one of the main reasons for joinder of parties in a lawsuit?
To avoid multiplicity of action arising from or in respect of or in relation to the same subject-matter
What is the purpose of joinder of parties with regards to fair hearing and natural justice?
To ensure that the principles of fair hearing and natural justice rule are complied with and accorded to persons to be affected by the result of the suit
What is the consequence of non-joinder of a necessary party in a lawsuit?
The cause or matter will be defeated
What is the primary duty of the court in relation to the proceedings?
To ensure that the entire proceedings is in line with the justice of the case
What is the real test for joining a particular person or party to an action?
Whether the party is likely to be prejudiced if an order joining him as a party is not made
What is misjoinder of parties in a lawsuit?
A person who ought not to have been made a party in a matter is joined in it
What is one of the factors that the courts usually take into account in considering whether an order for joinder should be made or not?
Whether the party is aggrieved or likely to be aggrieved by the outcome of the litigation
What is the consideration of the court in ordering the joinder of a third party as a defendant?
Is it possible for the court to adjudicate the cause of action set up by the plaintiff unless the third party is added as a defendant?
What is the purpose of the Adefarasin VS. Deyekb court holding?
To guide the court in determining whether or not to order the joinder of a party to a suit
According to the case of Dollfus Mieg et Cie SA v. Bank of England (1950), what is the relevant consideration in determining whether a party should be joined?
Whether the party is aggrieved or likely to be aggrieved by the outcome of the litigation
What is the meaning of 'necessary party' in the context of joinder?
A party without whom the proceedings in the action could not fairly, completely and finally be dealt with and concluded
Who makes the decisions in a law suit?
The party who makes the decisions in a law suit is not specified
What is the primary consideration for deciding whether a third party should be joined in a lawsuit?
The necessity of the third party's presence to enable the court to effectually and completely adjudicate or settle all the questions involved in the cause or matter
What is the consequence of non-joinder in a lawsuit?
The non-joinder is considered a mere irregularity
What is the effect of misjoinder or nonjoinder of a party on a lawsuit?
The lawsuit is unaffected by the misjoinder or nonjoinder
What is the role of counsel in relation to joining parties in a lawsuit?
Counsel must be meticulous in deciding when to join a party or not to join a party
What is the basis for determining whether to join a party in a lawsuit?
The facts and circumstances of each case
What is the consequence of joining a party who ought not to have been joined?
No consequences arise from joining a party who ought not to have been joined
Learn about the concept of joinder of parties in law, including the rules and procedures for joining multiple claimants or defendants in a lawsuit. Understand the consequences of failure to join a party or erroneous joining.
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