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INCORPORATED BODIES QUALIFY AS A PERSON

Dictum

On whether an incorporated body qualifies as a “person”, it is trite that where a company, or other body of persons, is registered under the Companies and Allied Matters Act, it is vested with the status of a legal entity and is regarded as a person. In Kasandubu vs. Ultimate Petroleum Ltd (2008) 7 NWLR (Pt.1086), a person was defined to mean both artificial and natural persons and includes sole or public bodies, corporate or incorporate.

— Oweibo, J. Megawatts v. Gbagada phase (2020) – FHC/L/CS/982/2020

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CERTIFICATE OF INCORPORATION ESTABLISHES CORPORATE STATUS

It has averred that it is a registered Company under the laws in Nigeria, it was incumbent on it to produce and exhibit the certificate of incorporation. The law is that where the legal personality of incorporated company is called into question and issue joined thereon, the onus is on the party claiming the status...

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CORPORATE BODIES HAVE THE RIGHT TO SUE FOR INFRINGEMENT OF FUNDAMENTAL RIGHTS

In Okechukwu vs. EFCC (2015) 18 NWLR (Pt 1490), the Court of Appeal held as follows – “Assuming a limited liability company is involved in a case where it was denied fair hearing, it has the right to sue for breach of its fundamental right to fair hearing. Again if the processes filed by the...

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APPLICATION OF THE CORPORATE VEIL LIFTING IS NOT EXCLUSIVE TO THE FEDERAL HIGH COURT JURISDICTION

The doctrine of lifting the corporate veil has been utilised by the Courts when it becomes necessary to expose the individual hiding behind the corporate entity for the purpose of doing justice. The application of the doctrine is not exclusive to the jurisdiction of the Federal High Court. See Alade Vs Alic (Nigeria) Limited (2012)...

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