TABITA TREBI & LYDIA TREBI vs. OSUMANU ASHITEI AMARHNKPA & FRANK TREBI

RULING [1] Introduction & Brief Background The Plaintiff/Applicant (hereinafter referred to as the Applicant) filed a motion on 17th January 2024 for an order joining the Lands Commission to the instant action as 3rd Defendant. The gravamen of the Plaintiffs’ application can be found in paragraphs 5, 6, 7, 8 and 9 of the affidavit in support. The Applicant contends that the Lands Commission are necessary party for the resolution of the issues for determination. I have not sighted an affidavit in opposition filed by the Defendants/Respondents. Counsel for the Defendants/Respondents informed the Court that they are not opposed to the present application. [2] Court’s analysis and opinion I now proceed to review and consider the arguments of Counsel in relation to the merits or otherwise of the instant application. Order 4 Rule 5 (2) (b) of C.I 47 provides as follows: “(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or...