Note that Lagos Rules are silent on the grounds on which joinder will be refused. It seems that the provisions in Abuja apply here by practice.

By Order 10 r 1(2) Abuja, where upon an application by the defendant it appears to the court or a judge in chambers that the joinder under Order 10 r 1(1) Abuja may embarrass any of the parties or delay the proceedings, then the court or judge in chambers may order separate trials or make such order as may be expedient in the circumstances. From the above, the grounds upon which an application for joinder of plaintiffs/claimants would be refused include:

  • Where the joinder would embarrass any of the parties.

  • Where the joinder would delay the proceedings. See Order 10 r 1(2) Abuja.

  • Where a counter claim is likely to be brought against any of the co-claimants/co-plaintiffs and embarrass the other co-claimants/co-plaintiffs or delay the proceedings.

  • Where any of the co-claimants/co-plaintiffs is impecunious. This is because impecuniosity of any of the co-claimants/co-plaintiffs may discourage joinder as the liability for costs is also joint.

  • Where the right to relief of the party seeking to be joined as co-claimant/co-plaintiff arose out of a different transaction or series of transactions. See AMACHREE & ORS v. NEWINGTON (1952) 14 WACA 97