LAJIBAM AUTO & AGRIC CONCERNS LIMITED & ANOR v. TRADE BANK PLC & ANOR
(2014)LCN/6975(CA)
RATIO
WHETHER PARTIES WOULD BE BOUND BY THEIR WRITTEN AGREEMENTS
The settled position is that the reason for making a person a party to an action is that the person will be bound by the outcome of the action and there are issues in the case that cannot be effectually or completely settled unless he is made a party, see Ige vs. Farinde (1994) 7 – 8 SCNJ 284; Awoniyi v. Reg. Trustees of Amorc (2000) 10 NWLR (pt. 676) 522; Rinco Const. Co. V. Veepee Ind. Ltd (2006) 9 NWLR (Pt. 929) 85; Carrena & Ors vs. Arowolo & Ors (2008) 14 NWLR (pt. 1107) 262.
It is the law that parties who have freely and voluntarily entered into a written agreement are bound by the terms and conditions stipulated therein. See Isheno vs. Julius Berger (2008) 2 – 3 SC (pt. 11) 78; Hilary Farms Ltd & Ors vs. M/V “Mahtra” (2007) All FWLR (Pt. 390) 14127; Larmie vs. Data Processing Maintenance Service Ltd (2005) 18 NWLR (pt. 958) 438. Per ISAIAH OLUFEMI AKEJU, J.C.A
