Chief J. T. Princewill Amachree V. W. F. H. Newington, District Officer, Degema (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

The above rule reads: “Where a person has jointly with other persons a ground for instituting a suit, all those other persons ought ordinarily to be made parties to the suit.”

The nine appellants as co-plaintiffs sued the respondent claiming a single amount for damages for assault and false imprisonment. In the course of the case for the plaintiffs the trial Judge invited Counsel for the plaintiffs to consider whether it was competent for them to bring one action, and Counsel said it was as they were all detained at the same time and in the same places.

He did not call all the plaintiffs to give evidence. At the end of the case the Judge nonsuited the plaintiffs on the ground that it could not be said they had jointly together a ground for instituting a suit for the damage each had suffered, and each must sue separately. The plaintiffs appealed.

Held

Order 4, rule 2, permits joinder of plaintiffs but not joinder of causes of action. There was no joint tort, for the damage caused to each plaintiff could only be personal to each of them. The suit was wrongly constituted and a non-suit was the proper order.

Appeal dismissed.