HASTON (NIGERIA) LIMITED V. AFRICAN CONTINENTAL BANK PLC.
June 18, 2025MOHAMMED SANI ABACHA & ORS VS THE STATE
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 89169
In the Supreme Court of Nigeria
Thu Jul 11, 2002
Suit Number: SC. 59/1998
CORAM
AKINTOLA OLUFEMI EJIWUNMI , JUSTICE, SUPREME COURT
PARTIES
BANK OF BARODA APPELLANTS
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court struck out the appellant’s suit on the ground that the claim did not disclose legal personality and therefore lacks locus standi. The court also refused the appellant’s application for amendment.
HELD
The court allowed the appeal and ordered a retrial.
ISSUES
(1) Whether the High Court and the Court of Appeal were correct in considering the question whether or not the Plaintiff is a juristic person in the absence of affidavit or other evidence on the matter.(2) Is the Court of Appeal correct in affirming the decision of the High Court that the Plaintiff has no “locus standi” to bring this action.(3) Whether the Court below was correct in refusing the Plaintiff’s application to amend the Statement of Claim.(4) What order should the Court of Appeal make in the circumstances.
RATIONES DECIDENDI
LEGAL PERSONALITY AND LOCUS STANDI – DISTINCTION OF
A plaintiff must be accorded legal recognition before any question of standing can arise. The question of the existence of legal personality relates to the very existence of the plaintiff, or as the case may be the defendant, whereas the question of locus relates to the existence of the right of the plaintiff, a natural or artificial person to sue- Ejiwunmi J.S.C
AMENDMENT OF ISSUES FOR DETERMINATION – WHEN SHOULD THECOURT GRANT SUCH
Amendment sought by the plaintiff for the purpose of determining the real question or questions in controversy between the parties ought to be granted- Ejiwunmi J.S.C
CASES CITED
Agbonmagbe Bank Ltd. v. General, G.B.O. Ollivant Ltd (1961) 1 ALL NLR 116ACB PLC v. EMMOSTRADE LTD (2002) 8 NWLR 503 (2002) 7 SCM 7Registered Trustees of Apostolic Church v. Attorney General Mid-Western State (1972) NSCC (Vol.7) 247Oguntimeyin v. Gubere & Anor. (1964) 1 All N.L. R. 176Registered Trustees of Apostolic Church v. Attorney General Mid-Western State (1972) NSCC (Vol.7) 247Senator Abraham Adesanya v. President of the Federal Republic of Nigeria & Anor. (1981) NSCC 146; (1981) 5 SC.12, (1981) ANLR 1; 2 NCLR 358
STATUTES REFERRED TO
None
