NATIONAL INVESTMENT BANK LIMITED vs. NANKWATEX CONSTRUCTION LIMITED & 3 OTHERS

Order 4 rule 5(2) (a) of the High Court Civil Procedure Rules, 2004 C1 47 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 (a) order any person who has been improperly or unnecessarily made a party or who for any reason is no longer a party or a necessary party to cease to be a party; …” This application is made pursuant to Order 4 rule 5(2) (a) of CI 47 for an order to strike out the names of the 2nd and 3rd Defendants as not being proper parties to the suit. Counsel for the applicant relies on paragraph 10 of the Plaintiff’s Statement of Claim and says that the basis for suing the 2nd, 3rd and 4th defendants is that they are directors of the 1st Defendant company. Counsel for the applicant also relies on paragraph 7 of the affidavit in opposition where a loan application letter signed by the 2nd Defendant in his capacity as the Managing Director of the 1st Defendant company is attached to t...