Joinder of action

  • Where a party suing another enjoins a third party to the action, this describes a joinder of action.
  • This could happen where a tenant sues a landlord for non payment of a deposit which was returned erroneously by the agent to the landlord and not the tenant.  The agent is enjoined and must admit guilt and compensate or defend the action -despite the agent no longer holding the deposit.
  • The agent might later recover the loss vicariously by claiming against the landlord.  This is a messy resolution.
  • The agent holding is responsible for the return of the deposit to the correct party.
  • If the agent held as stakeholder he could refuse to return the deposit to either party until the landlord and tenant agree or failing this a court settles the matter.
  • See stakeholder

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