GOVERNMENT OF THE MIDWEST STATE (NOW BENDEL STATE) & ANOR V MID-MOTORS NIGERIA COMPANY LTD

CORAM

ALEXANDER, CHIEF JUSTICE, NIGERIA

EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)

SOWEMIMO, JUSTICE, SUPREME COURT

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BELLO, JUSTICE SUPREME COURT

PARTIES

GOVERNMENT OF THE MIDWEST STATE (NOW BENDEL STATE) (Trading under the name and style)

Midwest Line (now Bendel line)

ARMELS TRANSPORT LIMITED

APPELLANTS

MID-MOTORS NIGERIA COMPANY LTD

RESPONDENTS

AREA(S) OF LAW

CIVIL PROCEDURE-AMENDMENT-SUBSTITUTION OF PARTIES

SUMMARY OF FACTS

The respondent instituted action for breach of contract against the appellant. After close of pleadings but before judgement, he brought an application for amendment to substitute the names of the defendants for persons who were not before the court.

HELD

The court held that the substituted parties should be granted an opportunity to be heard before an order of substitution was made to make them parties in the suit.

ISSUES

Not Available

RATIONES DECIDENDI

AMENDMENT OF PLEADINGS

Amendment sought can only take effect from the original date of the Writ of Summons and Statement of Claim which it amends and not on the date when the application for amendment is granted PER FATAYI-WILLIAMS JSC

MISTAKEN LEGAL IDENTITY

“To mistakenly sue a legal entity, such as the Midwest Line Ltd. instead of another legal entity such as the Government of the Midwest State (now Bendel State) as has been admittedly done in the case in hand, goes beyond a mere matter of misnomer. Because the two legal entities are, in law, separate and distinct, it seems to us that what has happened in this case is that the wrong legal entity (Midwest Line Ltd.) has been sued instead of another legal entity (The Government of Midwest State). We agree that the only way to rectify such a mistake is to substitute the correct juristic person for the one sued wrongly. Before that can be done, however, the juristic person which is being substituted must be put on notice so that it can be heard as to whether it can be properly substituted or not.” PER FATAYI-WILLIAMS JSC