CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BAIRAMIAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
BOHSALI AND CO. LTD
APPELLANTS
OKOI ARIKPO
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE -PARTNERSHIP-SUIT AGAINST
SUMMARY OF FACTS
This is an appeal by the plaintiff from Adefarasin, J., sitting in the Lagos High Court in which he struck out the plaintiffs claim in suit No. LD 32/64 on 22nd July, 1964 but made no order as to costs. The plaintiff in the action had claimed £600 being the balance of an amount due to the plaintiff from the defendant for arrears of rent at 45 Ereko Street, Lagos.
HELD
Held it was wrong of the learned trial judge to allow the action to be defeated solely because he thought that all the partners ought to have been sued.
ISSUES
Whether trial was right when he held that in the law of partnership one is bound to sue all the partners. MrAkinyele for the plaintiff.Per Lewis, J.S.C
RATIONES DECIDENDI
SUITS AGAINST PARTNERSHIPS
‘There is no requirement to sue all the partners, but if the plaintiff sues one or more but not all and obtains judgment then he cannot subsequently proceed against the others.’ LEWIS, J.S.C.
CASES CITED
Robinson v. Geisel and Others [1894] 2 Q.B. 685 at 687
Kendall v. Hamilton (1879) 4 App. Cas. 504)
M. O. Onayemi v. OlatunjiOkunubi and Another), S.C. 477/64 [decided on 9th December, 1965]
STATUTES REFERRED TO