The First Deemster Kerruish in the Chancery Division of the High Court of Justice in the Isle of Man recently clarified standing and mis-joinder/non-joinder within the ambit of Order 9 Rule 11 of the Rules of the High Court of Justice the relevant part of which rule reads:-
“11 Mis-joinder and non-joinder
…The Court may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added…”
In summary, matters arose from a dispute between the parties over the ownership and distribution of assets that had allegedly been unlawfully removed from the Federal Republic of Nigeria (FRN) and distributed both in the Isle of Man and UK. The FRN sought declarations and return of the assets, which allegedly involved an individual Mr Abacha and an Irish company Rosewood, of which in whom the individual was a Director and Shareholder and accepted beneficial owner.
FRN subsequently lodged a motion requiring that Mr Abacha be struck out as a party.
Read the full article here: Standing and Mis-joinder under Rules of the High Court of Justice