Parties

Question 1

Heading

Court
Division
Holden

Suit no

Answer 1

IN THE HIGH COURT OF LAGOS STATE
IN THE JUDICIAL DIVISION
HOLDEN AT IKEJA

                                                               SUIT NO:\_\_\_\_

Question 2

Parties

Answer 2

BETWEEN

IMA UMANAH CLAIMANT
AND
ODUN KEHINDE DEFENDANT

Question 3

Infant party

Answer 3

Lack legal capacity- can only sue or be sued through appointed guardian

(An infant, suing/defending through her guardian __)

ZARA TAIWO
(An infant, suing through her guardian IMA UMANAH)………………………………………….. CLAIMANT

AND

CYNTHIA OKOLIE………………………………DEFENDANT

Question 4

Unsound mind

Answer 4

Ack legal capacity- sue through NEXT FRIEND and defend through commuter or guardian appointed for that purpose

(Suing through his next friend IMA UMANAH)

(Defending through his guardian IMA UMANAH)

Question 5

Personal representatives- Trustees, administrators, executors

Answer 5

May sue or be sued in their own individual names on behalf of or representing the property without joining any of the beneficiaries
H/w court/judge at any stage can request for any such beneficiary be made a party in addition or In lieu of existing party.

(Trustee of the estate of JOHN UMANAH, deceased)
Same for executors and administrators

Question 6

Attorneys

Answer 6

Donee of power

(Suing through his lawful attorney IMA UMA)

(Sued by his lawful attorney IMA UMA)

Question 7

Artificial persons

Answer 7

Only those with Juristic personality may sue and be sued- 
corporate sole, 
corporate aggregate, 
statutory corporations 
Juridical persons

Question 8

Corporate sole

Answer 8

artificial corporate person eg AGF, Governor, office of minister etc

Question 9

Corporate aggregate

Answer 9

Artificial person consisting in a group of Persons together vested with juristic powers

Those are companies registered under part A
Bodies registered under part C can sue or be sued as a corporate body in the name of their incorporated trustees

BETWEEN
INCORPORATED TRUSTEES OF REEDEM CHURCH
AND
MEGA CHICKEN LTD

Question 10

Statuary corporations

Answer 10

Bodies created by statute and expressly given their own corporate names eg CLE, NNPC etc

Question 11

Juridical persons

Answer 11

Created with statute but not vested juristic personality but is given powers of which exercise may adversely affect the rights of others
Or

Government agencies not expressly made juristic persons but have similar powers

They can sue and be sued even though they are not juristic persons
Eg local government service boards

Question 12

Unincorporated associations

Answer 12

Cannot sue or be sued in their own name- see shitta ors v ligali ors

They may only sue through their members in representative capacity on behalf of the association

(Suing as executive member(s) for himself and on behalf of nnewi social club)

Question 13

Registered Business name

Answer 13

Not a body corporate- Lack legal personality and capacity
Therefore owner can sue or be sued trading under the name and style of the registered business name
Okechukwu v ndah

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO_____________
BETWEEN
EYEKE KENNETH
(Trading under the name and style of S. K. EYEKE& SONS GLOBAL)…………………………………………….CLAIMANT AND
ESSIEN EKPO
(Trading under the name and style o fE. E. EKPO ENTERPRISES)………………………………….DEFENDANT

Question 14

Partnerships

Answer 14

They are generally not legal Persons and may only sue in the name of partners.
-However they may be sue and defend in their firms name if registered or10 r10 abj or13 r4 Lagos
Or (unregistered)
- partners jointly in their individual names “carrying on business under the name and style of..”
-one or more partners in representative capacity representing the partnership
NB- there is no requirement to sue all partners. If one or more partners are sued, claimant is estopped from bringing processing against the others

BETWEEN
IMA UMANAH
ODUN KEHINDE
(Carrying business under the name and style of O&K) …………………………………………………CLAIMANT

Question 15

Actions by/against Federation or a state (as a corporate entity) or against Federal or State governments

Answer 15

commenced/defended in the name of the Attorney-General of the respective government

Question 16

actions by/against a Local Government

Answer 16

actions by/against a Local Government area council are commenced in the name of the affected LG.

Question 17

Trade unions

Answer 17

Although not a corporate body, if registered, may sue or be sued in its name

Question 18

Husband and wife

Answer 18

●May sue or be sued in their respective names and in their individual capacities. See MARRIED WOMEN PROPERTY ACT 1882 as amended in 1893: a married woman may now sue in her individual capacity.
●Suing as “Mr & Mrs John Musa” is improper. See LION OF AFRICA INSURANCE V MRS ESAN (1999)

Question 19

Persons unknown

Answer 19

●In land matters, a claimant who is unable to identify the persons against whom he claims, may describe such a person as “a Person Unknown.” See 13/9, Abuja.
●Similarly, a defendant may apply to be substituted in lieu of a “Person Unknown.” See also Form 38 pursuant to 57/2(2), Lagos wherein such a person is described as “The Occupier”

Question 20

Bankruptcy

Answer 20

A bankrupt person may sue and be sued in all personal actions
H/w where the action relates to property of the bankrupt, lacks capacity to sue and be sued.
Any action relating to property of bankrupt can sue/defended by trustee in bankruptcy on behalf of the bankrupt

IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO___________
BETWEEN
EYEKE KENNETH
(Suing as the Trustee in Bankruptcy of SIMON AKPAMA )……………………….CLAIMANT
AND
ESSIEN EKPO…………………………………………………………..DEFENDANT