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NICKOK BEST INTERNATIONAL LIMITED v. UNITED BANK FOR AFRICA

(2018) JELR 38488 (CA)

Court of Appeal  •  CA/L/206/2013  •  13 Jun 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision by the Federal High Court (Lower Court) sitting at Lagos delivered on the 2nd October, 2012 in the Appellant's suit No: FHC/L/CS/237/2006, striking out the Suit on the ground that the Appellant failed to prove that it is a juristic person capable in law, to sue and be sued, before Courts of laws, in its name. The decision by the Lower Court was tersely put thus: -

"The Plaintiff has failed to prove that it is indeed a juristic personality as contended in paragraph 1 of the statement of claim. In the circumstances, the Courts have been urged to strike out the case. See Ejikeme v. Amachi (1998) 3 NWLR (Pt. 542) 456.

Accordingly, an order is hereby made striking out this case. For the same reason, the Counter Claim of the Defendant cannot stand. The Counter Claim is also hereby struck out. N10,000 cost is awarded in favour of the Defendant against the Plaintiff.

Aggrieved by the decision, th…

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