OREDOLA OKEYA TRADING CO. VS A.G. OF KWARA STATE
July 10, 2025MICHAEL A. NDIWE VS ANTHONY C. OKOCHA
July 10, 2025Legalpedia Citation: (1992) Legalpedia (SC) 17718
In the Supreme Court of Nigeria
Fri Jul 24, 1992
Suit Number: SC. 236/1988
CORAM
IBRAHIM TANKO MUHAMMAD, JSC (Lead Judgment), JUSTICE SUPREME COURT
PARTIES
1. SYLVANUS ODIFE2. CHRISTOPHER NNORUKA(For themselves and on behalf of the people and elders of Isi EnyinatoOchana Isinyi Nando) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs brought an action against the defendants claiming for the declaration of title to the land in dispute.
HELD
The Supreme Court held that any purported issue which has no ground of appeal to support it is incompetent.
ISSUES
Whether the two parties joined issue on the capacity of the plaintiffs to sue
Whether the Court of Appeal was right in dismissing the plaintiffs/appellants’ claims for want of capacity
RATIONES DECIDENDI
JURIDICAL PERSONALITY
“Juridical personality is acquired when the law accepts and recognises the existence of such a body or unincorporated association. Even then, the capacity to sue and be sued is not thereby given by mere recognition and acceptance of its existence.” Per Ogwuegbu, JSC
CASES CITED
Fawehinmi v. N.B.A. (No. 2) (1989)2 NWLR. (pt. 105) 558 at 586
STATUTES REFERRED TO
None
