CONTINENTAL CHEMISTS LTD VS DR C.A IFEAKANDU
September 2, 2025ADISA VS ATTORNEY-GENERAL, WESTERN NIGERIA
September 2, 2025Legalpedia Citation: (1966-01) Legalpedia 86902 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Thu Jan 13, 1966
Suit Number: SC 142/1964
CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
DENNIS NJEMANZE
APPELLANTS
SHELL BP PORT HARCOURT
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-PROPER PARTY IN SUIT AGAINST A COMPANY
SUMMARY OF FACTS
The defendant named in the writ of summons was “The Shell BP Port Harcourt.” When the case was called on in the High Court (E.N.) at Port Harcourt, counsel for the defendants’ company stated that “there is no company known as Shell BP.”; he cited Agbonmagbe Bank Limited v. General Manager. G. B. Ollivant Ltd. and another [1961 ] 1 All N.L.R. 116, and submitted that the case should be struck out. Thereupon counsel for the plaintiff asked that an amendment be ordered. The Learned judge ruled that he would follow that case and struck out the claim.
HELD
That a plaintiff did not sue the company by its registered name therefore the trial court was right to dismiss the case
ISSUES
Whether it was right or not to strike out the first defendant in the case cited would not be decisive: for each case must be decided upon its own facts
RATIONES DECIDENDI
PROPER PARTY IN SUIT AGAINST A COMPANY UNDER THECOMPANIES ACT (CAP. 37 IN THE 1958 LAWS OF THE FEDERATION
‘It is common knowledge, or ought to be, that a company is registered under the Companies Act and has a registered name: s.18(2) This can easily be found out; it has to be shown on a signboard at its place of business pursuant to section 65(1).’ -Per Bairamian J.S.C.
CASES CITED
Alexander Mountain & Co. (suing as a firm) v. Rumere Ltd. [1948] 2 K.B. 436.
STATUTES REFERRED TO
The Companies Act (cap. 37 in the 1958 Laws of the Federation
