CORAM

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BAIRAMIAN, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BRETT, JUSTICE SUPREME COURT

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PARTIES

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LAIBRU LIMITED

APPELLANTS 

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BUILDING AND CIVIL ENGINEERING CONTRACTORS

RESPONDENTS 

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AREA(S) OF LAW

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PRACTICE AND PROCEDURE—SUBSTITUTION OF PARTIES—APPEAL

 

 

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SUMMARY OF FACTS

The appellant/plaintiff sued the defendant/respondent to recover money for goods sold under the trading name of Laibru which assets and liabilities had been taken over by the company Laibru Ltd. The Trial Court dismissed the claim on the grounds of the party entitled to sue. Against this judgment the appellant has now appealed.

 

 

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HELD

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The appeal is allowed, the judgment of the Court of Lagos in Suit 60 of 1960 given on 28th October, 1960, is set aside

 

 

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ISSUES

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That the learned Judge (Onyeama, J., on the 28th October, 1960, in the High Court of Lagos suit 60 of 1960), having found in favour of the claim on the merits, erred in dismissing it on the ground that there was no power to substitute Michael Ibru for the company as plaintiff.

 

 

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RATIONES DECIDENDI

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ACTIONS INSTITUTED BY WRONG PRSONS

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‘Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the court or a Judge may, If satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as may be just.’ Per BAIRAMIAN, F.J.

 

 

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CASES CITED

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Tryson v. The National Provident Institution, (1886), 16 Q.B.D., 678

In re: Nos.55 and 57 Holmes Road, Kentish Town: Beardmore Motors Ltd. v. Birch Bras. (Properties) Ltd., (1959) Ch. 298

 

 

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STATUTES REFERRED TO

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The English Supreme Court Rules

The Lagos High Court Ordinance

 

 

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