BOHSALI AND CO. LTD V. OKOI ARIKPO

LEWIS, J.S.C. (Delivering the judgment of the Court)

This is an appeal by the plaintiff from Adefarasin, J., sitting in the Lagos High Court in which he struck out the plaintiffs claim in suit No. LD 32/64 on 22nd July, 1964 but made no order as to costs. The plaintiff in the action had claimed £600 being the balance of an amount due to the plaintiff from the defendant for arrears of rent at 45 Ereko Street, Lagos. The plaintiff called one witness to establish his claim but the defendant chose not to call evidence. The learned trial judge in his judgment said: “Learned counsel for the defendant contended that the defendant as a partner in the firm of Arthur Prest and Co. was jointly liable with other partners. With that view I fully agree but are the plaintiffs entitled to sue him independently of the partnership?

The general principle seems to be that any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in t…