NNAMDI AZIKIWE UNIVERSITY v. GLORIA UKAMAKA NWOKOYE & ANOR
(2014)LCN/6871(CA)
RATIO
WHETHER AN ENTITY CLOTHED WITH LEGAL PERSONALITY WILL BECOME AN ENTITY UNKNOWN TO WHEN DESCRIBED IN A SUIT
As a general rule however, only natural and artificial persons are competent to sue or be sued, and no action can be brought by or against a party other than a natural person(s) unless such a party has been conferred with the status of legal personality or a right to sue or be sued in that name either expressly or impliedly by statute. I am of the view that the issues on the subject have been fairly well settled in a number of cases, some of which are IFEDAPO COMM. BANK LTD vs. ETERNAL SACRED ORDER OF CHERUBIM & SERAPHIM, SAKI BRANCH (2001) 11 NWLR (PT. 713) 508; NJOKU vs. UNITED AFRICAN COMPANY FOODS (1999) 12 NWLR (PT. 632) 552 AT 565; GANI FAWEHINMI vs. NBA (No. 2) [1989] 2 NWLR (PT. 105) 558 at 595 and MANAGEMENT ENTERPRISES LIMITED vs. OTUSANYA [1987] 1 NWLR (PT. 55) 179. To begin with, the principle handed down in AGBONMAGBE BANK LIMITED vs. GENERAL MANAGER, G. B. OLLIVANT LTD & ORS (supra) is not that where an entity clothed with legal personality is wrongly described in a suit, such an entity automatically transforms into an entity not known to law. What that case decided is that the name; “General Manager, G.B. Ollivant Ltd.” is not descriptive of a juristic person. It was for this reason that the defendant in the said case so named was struck out of the action on a preliminary objection. It was further held that naming a non-juristic person as a defendant is not a mere misnomer and cannot be amended to substitute a juristic person. In the same token in GANI FAWEHINMI vs. NBA (No. 2) (supra), the Supreme Court held the view that the Nigerian Bar Association, being an unregistered association, could neither sue nor be sued eo nomine. That is to say, the Nigerian Bar Association was an entity unknown to law because it was neither a duly registered entity nor was it created by or conferred with powers or functions under any statute. Per FREDERICK OZIAKPONO OHO, J.C.A
WHETHER THE COURT WOULD NULLIFY A PROCEEDING WHERE THERE IS A PROVEN CASE OF MISNOMER IN THE TITLE OF PARTY
In addition, what the Court would usually do in considering whether to nullify a proceeding or not, where there is a proven case of misnomer or mis-description in the title or caption of a party in any proceedings are:
1. Whether the mis-description in title has substantially misled the parties; and
2. Whether a miscarriage of Justice was thereby occasioned.
See the cases of BAYO vs. NJIDDA [2004] 8 NWLR (PT. 876) 544; AJADI vs. AJIBOLA [2004] 16 NWLR (PT. 898) 91; BAJOGA vs. GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA [2007] ALL FWLR (PT. 394) 273. Per FREDERICK OZIAKPONO OHO, J.C.A
