[1961]DLHC595 • January 31, 1961 • High Court
APENTENG AND OTHERS v. BANK OF WEST AFRICA LTD. AND OTHERS
The plaintiffs brought an action against the Bank of West Africa Ltd. and others. The defendants applied for the joinder of an additional party as a defendant, arguing that the presence of this party was necessary for the court to effectively and completely adjudicate all questions involved in the case. The plaintiffs opposed this application.
read moreJUDGMENT OF OLLENNU, J. [After stating the facts as above, his lordship continued:] Learned counsel for the applicant drew the court’s attention to the following words appearing in the said Order 16, r. 11 namely: “The Court or a Judge may, at any stage of the proceedings ... order that... the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.” Counsel also cited Woods v. Martins Bank, Ltd. & Anor.1(1), a case of a claim against a bank and the manager of the bank for damages for negligence, where it was held that the plaintiff was entitled to recover against both the bank and the bank manager. Upon the said words of Order 16, r.11 and t...