HON. (DR) YUSUF DATTI BABA – AHMED -VS- JIBRIL ADAMU
May 28, 2025JOHN FAKUNLE V. MRS. GRACE OKE
May 28, 2025Legalpedia Citation: (2008) Legalpedia (FHC) 49118
In the Federal High Court
HOLDEN AT PORT HARCOURT
Wed Oct 22, 2008
Suit Number: FHC/PH/CS/177/2008
CORAM
HON. JUSTICE E. S. CHUKWU
PARTIES
1. CHIEF LEVI OJUM2. ELDER E.N. IKORO3. MRS. IFEOMA NWOKO (For themselves and on behalf of Umuoka Community, Akabuka, Ogba-Egbema-Ndoni Local Government Area of Rivers State)? PLAINTIFF(S)
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Applicant brought a motion before the court to set aside the writ of summons and other processes issued against them on grounds that the Respondent is not a legal personality as no such company is registered in Nigeria and that the proper person to bring the action is ELF PETROLEUM NIGERIA LTD. The Respondent thereafter brought a motion to amend the name and by an order of court both applications were consolidated.
HELD
Case struck out
ISSUES
Whether there is any artificial incorporated person in Nigeria known as “ELF NIGERIA PLC the Defendant on record.Whether abinitio, the Suit is competent, As to allow for amendment.Whether it is trite law that, faced with two competing motions, in an action the courts are enjoined to take the one tending to be constructive i.e. to breathe cite into the action, first before the motion tending to be destructive i.e. to distinguish the life of the Suit provided it will not work injustice to the other party.
RATIONES DECIDENDI
JURISTIC PERSON – JURISTIC PERSONS ENTITLED TO SUE AND BE SUED
“Only juristic persons that can sue and be sued and in the instant case where the juristic person is not a natural person in the sense of a human being with the requisite capacity or an entity created by law which in the instant case includes an incorporated body or special artificial person being created by legislation and vested with the capacity to sue and be sued”. E S CHUKWU J
PROPER PARTIES – EFFECT OF WHERE A SUIT IS NOT PROPERLY CONSTITUTED WITH THE PROPER PARTIES
“Where a suit is not properly constituted for want of proper parties, the trial court cannot competently decide on the claims submitted for adjudication”. E S CHUKWU J
MOTION – PRINCIPLE OF PRIORITY OF COMPETING MOTIONS
“The practice has always been that where in the same case there are two adversely competing motions before a Court, one constructive and the other potentially destructive. The court will normally proceed to hear the former motion first unless it will be inequitable to do so, so that if it succeeds, there will be no need for the latter motion, which will then be withdrawn and struck out accordingly”. E S CHUKWU J
CASES CITED
STATUTES REFERRED TO
None
