HENRY OKOLI V. THE SURVEYOR GENERAL ANAMBRA STATE OF NIGERIA
June 18, 2025DIYA FATIMILEHIN & COMPANY. v. OYEWOLE OGUNTADE & ORS
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11950
In the Supreme Court of Nigeria
Fri Apr 26, 2002
Suit Number: SC. 248/2000
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. MAERSK LINE
2. MAERSK NIGERIA LIMITED
APPELLANTS
ADDIDE INVESTMENT LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a trade mark and was sued as such by the respondent. Though the respondent sought to amend, it insisted that the appellant was a juristic person
HELD
The court held (Ayoola J.S.C dissenting) that suing a non-juristic person is a misnomer that can be cured by amendment but where as in this case the party insists that there is no mistake the proper order to make is striking out.
ISSUES
1. Whether the Court of Appeal, having held that the lower Court ought to have upheld the objection of the Appellants being a non juristic person lacks capacity to sue or be sued, was right to have further held that the provisions of Order 32 of the Federal High Court Civil Procedure Rules permits the Court to make an amendment suo motu.2. Whether upon a proper interpretation of the provisions of order 32 of the Federal High Court Civil Procedures Rules 1976, the provisions of the said order can be resorted to in justifying the amendment of a writ by substituting a juristic person for a non-juristic person improperly sued as a party to suit.3. Whether evidence of the fact that the proceedings of the 29th January 1996, wherein a Motion on Notice for joinder was heard and granted in chambers in the absence of the Appellants and their Counsel was not borne out by the record of appeal.?
RATIONES DECIDENDI
AMENDMENT OF WRIT
A case of misnomer, if application is made to amend the writ by substituting the proper names, it should be granted- Ogundare J.S.C.
TRADEMARK – JURISTIC PERSONALITY
A trade mark cannot sue or be sued as it is not a juristic person. It is its proprietor that can sue or be sued – Ogundare J.S.C.
DUTY ON A PARTY SEEKING AMENDMENT IN CASE OF A MISNORMER
The plaintiff has a duty to show that there were reasonable grounds of excuse in his naming the defendant wrongly and that the misnomer could not have given rise to any reasonable doubt as to which company was being sued- Ogundare J.S.C.
CASES CITED
Agbonmagbe Bank Ltd. v. General Manager G.B. Ollivant Ltd. (1961)1 All NLR 116; (1961) ANLR 125; Emecheta v. Ogueri (1996) 5 NWLR 227 at 231; Manager SCOA Benin-City v. Momodu (unreported) Suit No. SC.23/1964 Olu of Warri v. Chief Sam Warri Esi & Anor. 3 FSC 94 at 96 Njemanze v. Shell BP. Port Harcourt (1966) ANLR 8 at 10-11?
STATUTES REFERRED TO
Not Available
