“In any case in our view it was quite wrong of the learned trial judge to allow this action to be defeated solely because he thought that all the partners ought to have been sued. Order 15 Rule 6 (the former Order 16 Rule 11) of the English Rules of the Supreme Court in the White Book for] 1966 makes this clear and this Court in M. O. Onayemi v. Olatunji Okunubi and Another, S.C. 477/64 [decided on 9th December, 1965] has said: “It is clear from the notes under Order 16, Rule 11 of the English Rules of the Supreme Court in the White Book for 1963 (‘Application of Rule-Misjoinder, Nonjoinder’, at p.6346) that non-joinder cannot defeat a claim. It rests rather with the defendant to raise, as early as possible, the point that not all interested persons are before the Court, so that the Court may direct the plaintiff to give them notice and have everybody concerned as a party at the trial: See Sheehan v. Great Eastern Railway Co. (1880) 16 Ch. D.59, at p. 64.”
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