MUO OKAFOR & ORS V. SYLVANUS IFIONU & ANOR
August 4, 2025N.E. EKPE V. S.A. FAGBEMI
August 4, 2025Legalpedia Citation: (1978-04) Legalpedia (SC) 31718
In the Supreme Court of Nigeria
Fri Apr 14, 1978
Suit Number: SC. 206/1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
TRENCO (NIGERI) LTD
APPELLANTS
AFRICAN REAL ESTATE AND INVESTMENT CO LTD
AFRICAN CONTINENTAL BANK LTD
RESPONDENTS
AREA(S) OF LAW
COMPANY LAW
SUMMARY OF FACTS
The plaintiff company claimed variouslyan order of declaration that the total payments of £12, 710.3.2d by the 2nd defendant Bank to the plaintiff plus bank charges and interests thereon were payment made on behalf of the 1st defendant to the plaintiff and not loan or advances made to plaintiff as customer of the said Bank and the said sums are therefore not recoverable from the plaintiff.
HELD
The Supreme Court held that a company, although a legal person, is an artificial one which can only act through its human agents and officers.
ISSUES
Whether the learned trial Judge misdirected himself in law by not directing himself that Exhibit 1 clearly estopped the 1st defendant from denying the existence of a contract between it and the plaintiff
RATIONES DECIDENDI
PERSONALITY OF A COMPANY
“It follows that a company although having a corporate personality is deemed to have human personality through its officers and agents and will therefore, speaking generally, contract like an individual.” Per SOWEMIMO, JSC
CASES CITED
Lennards Carrying Co. v. Asiatic Petroleum Co. Ltd. (1915) AC 70
Ferguson v. Wilson (1866) L.R. 2 Ch. 77
STATUTES REFERRED TO
The Companies Decree 1968
