The remaining point or ground for the 3rd Respondent’s preliminary objection: that the 2nd Appellant, being a non-juristic persona cannot jointly initiate this appeal with the 1st Appellant. The contention is roundly defeated by Order 2 Rule 8 of the extant Rules of this Court, enjoining inter alia that Notices of Appeal and other processes prepared in pursuance of the appellate jurisdiction of this Court for filing in accordance with the said rules, shall reflect the same title as that which obtained at the trial Court. There is no evidence, from the records, that any objection was raised at the lower Court, to the competence of the 2nd Appellant commencing the suit, the substance of this appeal, severally and/or jointly with the 1st Appellant. The 3rd Respondent, as the 2nd Garnishee, did not also raise this objection at the trial Court. He has the right in law to raise the objection, just as he could also compromise it or waive it. See ARIORI v. ELEMO (1983) LPELR – 552 (SC) … There is no evidence, from the records, that any objection was raised at the lower Court, to the competence of the 2nd Appellant commencing the suit, the substance of this appeal, severally and/or jointly with the 1st Appellant. The 3rd Respondent, as the 2nd Garnishee, did not also raise this objection at the trial Court. He has the right in law to raise the objection, just as he could also compromise it or waive it. See ARIORI v. ELEMO (1983) LPELR – 552 (SC). In LION OF AFRICA INSURANCE CO. LTD v. ESAN (1999) 8 NWLR (pt. 614) 197, the objection that “Mr. & Mrs. Esan” was not a juristic persona was raised timeously at the trial Court, and not at the appellate Court for the first time as a ground of appeal. The issue: whether “Emman I. Oboh & Associate” is, or is not, a juristic persona is one of facts. He who asserts must prove that the fact, as asserted, exists in order to be entitled to judgment on the facts asserted: Sections 131 & 132 Evidence Act, 2011. The fact that “Emman I. Oboh & Associates” is not, allegedly, a juristic persona is not one established by mere hunch or intuition of the objector. It must be established by empirical evidence. This is what distinguishes this case from, and renders irrelevant and inapposite MAERSK LINE v. ADDIDE INVESTMENT LTD. (2002) 1 NWLR (pt. 778) 317; SLB CONSORTIUM LTD v. NNPC (2011) 9 NWLR (pt. 1252) 317 to the preliminary objection of the 3rd Respondent, which objection is hereby overruled in its entirety.
— Ejembi Eko, JSC. Oboh & Anor v. NFL (SC.841/2016, January 28, 2022)