ADU MANTEY & 2 ORS (PLAINTIFFS) vs. OBEDRU FISHING COMPANY LIMITED (DEFENDANT)

The core issue which I am to adjudicate upon in this application are as to whether or not the Obuorwe and Company Ltd is a party whose presence before the court is necessary to ensure that all matters in dispute are effectively and completely determined and whether the amendment being sought to correct the name of the defendant is to correct a genuine mistake to the identity of the defendant. I have read the affidavits filed for and against the grant or otherwise of the motion. I have also read the written submissions filed by the plaintiff/Applicant. Consideration has also been given to the principles governing the grant of applications for joinder and for amendments with leave of the court. It is useful however for me to state the provisions in Order 4 rule 5(2) (b) of CI 47 and order 16 rule 5(3) thereof. Order 4 rule 5(2) (b) provides: ‘(2) At any stage of proceedings, the court may on such terms as it thinks just either of its own motion or on application. (b) order any perso.....