REV. RUFUS IWUAJOKU ONUEKWUSI & 8Ors V. THE REGISTERED TRUSTEES OF THE CHRIST METHODIST ZION CHURCH

SUBJECT MATTER –  COMPANY LAW

COMPANY LAW – Classification of artificial persons- incorporated and unincorporated bodies

COMPANY LAW – Incorporation – Effects of.

LEGAL PERSONALITY – Difference between a Corporation and Unincorporated Association; Perpetual Succession.

LEGAL PERSONALITY – Registered body – Whether death of trustee(s) can deprive it power to sue or be sued.

ACTION – What determines jurisdiction of courts over a subject matter.

ACTION – Cause of action – Competency of- conditions to be complied with.

PARTIES – Unincorporated bodies or entities- Proper party to institute an action.

LOCUS STANDI – Failure to have same- Effect of.

Once trustees have been registered, they become a body corporate by the name in the certificate and shall have perpetual succession. The body becomes a legal entity with powers to sue and be sued in the corporate name. The death of trustees cannot deny the registered body of its corporate existence and capacity to sue

-Per Fabiyi J.S.C

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SHINNING STAR NIGERIA LIMITED & Anor V. ASK STEEL NIG. LTD & 2Ors

SUBJECT MATTER –

APPEAL – Interlocutory Application- what the court ought to do when an issue in the interlocutory application is the same as one in the substantive appeal.

APPLICATIONS– Interlocutory Application- The need to diligently prosecute the substantive suit rather than attempt to resolve issues through interlocutory applications.

APPLICATIONS– Interlocutory Applications – Instance when prayers in an interlocutory application will not be granted.

PARTIES – Changing of parties when a suit is on appeal.

‘I am inclined to this view because of the settled principle of law that a court cannot, in an interlocutory application, decide an issue in the substantive case or appeal.’

–          per Tabai JSC.

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PANALPINA WORLD TRANSPORT (NIG) LTD V. J.B. OLANDEEN INTERNATIONAL & 4 ORS

Facts:

The 1st Respondent as Plaintiff in the Federal High Court, Lagos sued the 2nd, 3rd, 4th and 5th Respondents as 1st to 4th defendants for breach of contract of carriage of goods by sea. In the trial Court the plaintiff brought an application to join the appellant as the 5th defendant. The Court granted the application, but before trial commenced struck out the name of the 5th defendant suo motu. The case proceeded and at the end the plaintiff lost. On appeal, the plaintiff, now the appellant, filed an interlocutory application to join the appellant in this interlocutory appeal as 5th defendant. Firstly, the application was refused on procedural defect. Plaintiff/Appellant amended his Notice of Appeal and brought a second application for joinder of this appellant as 5th Respondent. The application was granted and the appellant in this appeal was joined as the 5th Respondent in the substantive appeal. Aggrieved the 5th Respondent filed this interlocutory appeal in the Supreme Court against been joined in the substantive appeal.

SUBJECT MATTER:

Parties : Joinder of Parties – Whether appropriate on appeal

Parties:  Joinder of Parties  –  Who is a necessary party

Parties : Striking out of a Party – Whether appropriate for the court to do so suo motu

Practice and Procedure : When a court can overrule itself on the same matter.

“The reason for making a person a party to an action is that he should be bound by the result of the action. Consequently the question to be settled in the action must be one which cannot be effectually and completely settled unless he is a party… Joinder is necessary, to ensure that proper parties are before the Court for determining the point in issue. Application to join may be made at anytime”

– per Bode Rhodes–Vivour, JSC.

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COTECNA INTERNATIONAL LIMITED V CHURCHGATE NIGERIA LIMITED & ANOR

SUBJECT MATTER:

TaxesCustoms duty.

Parties: What constitutes necessary parties.

Interpretation of statutes: Duty of court when words of a statute are clearly expressed.

The Constitution guarantees citizen’s rights to vent their grievances in court. Any law which seeks to deprive a citizen of any of his constitutional rights  must be construed  strictly by the court.”Per Suleiman Galadima

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