THE NATIONAL INDUSTRIAL CO URT OF NIGERIA
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
Before His Lordship:
HON. JUSTICE E.D.E ISELE - JUDGE
DATE: 23rd MAY, 2019 - NICN/MAID/04/2018
TRICYCLE OWNERS ASSOCIATION OF NIGERIA (TOAN)
COMRADE ALIYU AUDU SHUAIBU (For and on behalf of all members of TOAN) - CLAIMANT S
NATIONAL COMMERCIAL MOTOCYCLE AND TRICYCLE OWNERS/RIDERS ASSOCIATION NACTOMORAS (a.k.a) T.M.T
KEKE NAPEP PARTICIPANTS DEVELOPMENT ASSOCIATION (a.k.a “K”)
ADALCI MULTIPURPOSE COORPERATIVE SOCIETY (a.k.a “A”)
KAIGAMA MOHAMMED (a.k.a KAIGAMA)
ALHAJI ABBA TERAB (a.k.a) ALAITERAB
BABAGANA TIJJANI GALTIMARI (a.k.a BANA GALTIMARI)
MAIDUGURI METROPOLITAN COUNCIL
JERE LOCAL GOVERNMENT COUNCIL - DEFENDANTS
IN RE: ROAD TRANSPORT EMPLOYER ASSOCIATION OF NIGERIA (RTEAN) PARTY SOUGHT TO BE JOINED
2nd Claimant Present
A.M. Iman, Esq. for the Claimant/Respondent
A. Azur, Esq. for the 1st, 4th, 5th, 7th, 8th and 9th Defendants
Holding brief of L.A. Umar also for the 2nd and 5th Holding brief for B.K. Alhaji, Esq.
J.N. Ononugbo, Esq. for the 6th Defendants
The Claimants commenced this action against the 9 named Defendants by the writ filed on the 10th October, 2018 seeking declaratory and injunction reliefs against the Defendants whom they maintain are usurping their responsibilities and duties, in collecting levies, rates and dues, the 1st – 3rd Defendants not being registered associations under the Trade Union Act therefore lacking legal capacity to act and carry out the activities of the Claimants
By the 4th of April, 2019 when this came up the second time for further mention/hearing of certain applications filled by the parties, the 6th Defendant through counsel informed the Court that he had an application for joinder filed on 2nd November 2018 to which the Claimant filed a counter affidavit.
In the motion for joinder the 6th Defendant applicant seeks mainly an Order of Court joining Road Transport Employers Association of Nigeria (RTEAN) as co Defendant in this suit and for such further orders.
The grounds for the application are that:
The party sought to be joined is a necessary party whose name featured prominently in the dispute.
Except the party is joined, the Honourable Court might not effectively and completely determine the issues raised in the claims.
The applicant placed reliance on the supporting affidavit of Oluwabukola James Oluwashina together with a terse written address. In response the Claimant filed a counter affidavit deposed to by 2nd Claimant together within a written address where a sole issue for determination was formulated.
“Whether are the suit as presently constituted cannot be effectually and completely settled unless the applicant is made a party”.
I have patiently read through the affidavit and written address of the parties. The applicants in this application are relying on the provisions of O. 10 R3 of the National Industrial Court Civil Procedure Rules of 2011 which must state straight away has nothing to do with this application that order deals with; Entitlements of Deceased employees (TESTATE). However by order 13 R.4 of the same Rules of this Court, it is provided.
“Any person may be joined as a Defendant against whom the right to any relief is alleged to exist, whether jointly or severally or in the alternative Judgment maybe given against one or more of the Defendants as the case may be found to be liable according to their respective liabilities without any amendment”.
I have no doubt in my mind bearing this rule in mind for joinder should succeed and is hereby granted as prayed. The party sought to be joined now joined is to become the 10th Defendant and by the provisions of Order 13 R. 18 of the same Rules of Court should enter appearance and file other necessary processes to enable them defend the action within 14 days of this Ruling and Order, ruling is entered accordingly.
HON. JUSTICE E.D.E ISELE