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SO SAFE TABLE WATER TECHNOLOGIES LIMITED v. OBAFUNMILAYO AYINOLUWA & MRS. OMOWUNMI AYINOLUWA (Suing for themselves and as the Guardian of Obadamilola Awoyinfa, an infant)

(2013) JELR 35420 (CA)

Court of Appeal  •  CA/L/176/2007  •  9 Dec 2013  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; CHINWE EUGENIA IYIZOBA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Coker J. of the Lagos state High Court in Suit No. LD/167/04 delivered on 27/1/05 granting the Respondents' application to amend the Appellants name from So Safe table water to so Safe Water Technologies Limited.

The Respondents by a writ of summons, dated 23/1/04 commenced an action against the Appellant at the Lagos High Court. Upon service of the Originating processes on the Appellant, the Appellant filed its Statement of Defence and thereafter filed a Motion on Notice praying the court to strike out the suit on the ground that a non juristic person was sued. The Respondent then in turn filed an application to amend. Both applications were taken together. The learned trial Judge in her ruling granted the amendment. The Appellant being dissatisfied with the ruling appealed to this court. Two issues were formulated in the Appellant's brief of argument viz:

1. Whether the court below…

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