The court ruled that a co-defendant's inclusion in a suit is essential for just resolution of related defamation claims.

(Joinder Of Parties: Application To Add A Party)

Prelusion

[1] This is an Appeal from the Sessions Court (SC). The suit in the SC is a defamation suit (Suit). The Plaintiffs sues the Defendants for slander. The Defendants mounts a Counterclaim. The Counterclaim is for libel.

[2] In their Counterclaim, the Defendants wish to add Mohamad Bin Saad as a party, as he too has a cause of action for libel against the Plaintiffs, based on the same material facts.

[3] The Defendants filed an Application under O 15 r 6 of the Rules Of 2012 ( ROC ) to add Mohamad Bin Saad into the Counterclaim so that he becomes a party to the Suit.

[4] By Order dated 5 July 2022, the SC allowed the Defendants' joinder Application. The Plaintiffs were not pleased with the SC's Order. They appeal to the High Court. That is the Appeal before me.

The Relationship Among The Parties

[5] The parties are family members. I will describe the relationship among the family members using the intitulement of this Suit:

P1: Amran Bin Ismail

P2: Nor Hatini Binti Ibrahim (Amran's wife)

v.

D1: Habibah Binti Ismail (P1's sister and Mohamad Bin Saad's wife)

D2: Muhamin Bin Mohamad (D1's son and Mohamad Bin Saad's son)

D3: Mohd Hazwan Bin Mohamad (also D1's son and Mohamad Bin Saad's son)

[6] They are also neighbours. They live in the same 'kampung'.

Pertinent Pleaded Facts

[7] What triggered the quarrel between the Plaintiffs and the Defendants was the distribution of property on the demise of P1's and D1's mother. Their relationship with each other turned sour after their mother passed away.

[8] In May 2017, P1 and P2 were having matrimonial problems By August 2019, they were divorced by 'lafaz talak'. But only a few months later, in December 2019, they were remarried.

[9] The Plaintiffs assert that D1 (P1's sister) uttered, and continued to utter, words that were derogatory of them, including words that meant that they were committing 'khalwat'.

[10] They plead that these words were heard by various persons, including the Imam of their kampung, the neighbours and other residents of the kampung, and other family members.

[11] The Defendants plead their defence to the Claim, and mount a Counterclaim against the Plaintiffs. The Defendants assert that the Plaintiffs published libelous words about them in P1's Facebook page.

[12] The Defendants assert that the Plaintiffs' words that defamed the three Defendants (D1-D3) also defamed Mohamad Bin Saad, who is D1's husband and D2 & D3's father. He is the patriarch of the family.

[13] Since Mohamad Bin Saad asserts a cause of action for libel against the Plaintiffs, the Defendants applied to add him as a co-defendant in the Suit so that he too can mount a Counterclaim against the Plaintiffs.

Principles Governing The Joinder Or Adding Of Parties

[14] The Defendants made the Application to add Mohamad Bin Saad as a party under O 15 r 6 of the ROC .O 15 r 6, particularly subrule (2), paragraph (b) is pertinent. Order 15 r 6 is set out below:

Order 15 r 6

6. Misjoinder and non-joinder of parties (O 15 r 6)

(1) A cause or matter shall not be defeated by reason of the misjoinder or non- joinder of any party, and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.

(2) Subject to this rule, at any stage of the proceedings in any cause or matter, the Court may on such terms as it thinks just and either of its own motion or on application:

(a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;

(b) order any of the following persons to be added as a party, namely:

(i) any person