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THE IMPORTANCE OF ESTABLISHING JURISTIC PERSONALITY

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Dictum

✓ Registered Trustees of Apostolic Church v. Attorney General Mid-Western State (1972) NSCC (Vol. 7) 247, where the plaintiffs averred in their statement of claim that the Apostolic Church was incorporated under the Land (Perpetual Succession) Act. The defendants in their statement of defence denied this and put them to strict proof. This court, per Sowemimo Ag., JSC (as he then was) in that case at page 250; said:- “Although the evidence was led as to named persons being made trustees, the certificate of Incorporation was never produced with section 6 of the act under consideration they have no power to sue or be liable to being sued.”

✓ J. K. Randle v. Kwara Breweries Ltd. (1986) 6 SC 1, where again the question raised was whether the plaintiff in that case established its legal personality upon which issue was joined, Uwais, JSC (as he then was) commented thus:- “The appellant sued the respondent as a company incorporated under the Companies Act, 1968. He failed to prove the incorporation by the production of the certificate of Incorporation. As the averment in the statement of claim that the defendant was so incorporated was categorically denied by the respondent in its statement of defence the failure to prove the incorporation was fatal to the appellant’s case.”

✓ A.C.B. Plc. v. Emostrade Ltd. (supra) Kalgo, JSC at page 520 had the following to say: “It is also not enough to assume that because company uses the name ‘limited’ on the writ of summons as plaintiff, that company must be a limited liability company entitled to sue. The company’s status must be proved especially in this case where it was denied to be a limited liability company at the time of the transaction. This was not proved in this case and cannot be presumed either. The respondent as plaintiff, is therefore not a legal entity or juristic person entitled to sue and be sued in law.See Carlen (Nig.) v. University of Jos (1994) 1 NWLR (Pt. 323) 631; Shitta v. Ligali (1941) 16 NLR 23; Fawehinmi v. NBA (No.2) (1989) 2 NWLR (Pt. 105) 558. The respondent is also not one of the bodies or associations which even though not incorporated, have been expressly or impliedly conferred with a right to sue or be sued by statutes.”

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NON-JURISTIC PERSONA JOINTLY INITIATE APPEAL; OBJECT AT TRIAL STAGE; ISSUE OF JURISTIC PERSONA IS ONE OF FACT

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)

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