Instant SSL
Company Law

Company Law (90)

HELD:

"The provisions of Section 597 (2) of the Companies and Allied Matters Act provides that Trustees of an association which desires to change or alter its name or objectives shall apply to the Corporate Affairs Commission in the prescribed form setting out the change.

HELD:

"...Learned counsel for the appellants has strenuously argued that the proper plaintiff in an action in respect of a wrong alleged to be done to a company or an association is the company itself or member of the Association in line with the principles of FOSS V. HARBOTTLE (1843)2 Hare 461.

HELD:

"There is no gainsaying the fact that, in the eyes of the law, a limited liability company, such as the appellant, is a persona ficta.

HELD:

"Incontestably, where the legal personality of a party is challenged by an adversary, the onus probandi resides in that party to lead evidence, parol or documentary, to establish its legal capacity.

HELD:

"By way of prefatory observations, a juristic person is an entity armed with the capacity to ventilate his/its complaints in judicio.

HELD:

"The law provides for the way corporate or artificial person is served.

HELD:

"Order 7 Rule 4(1) of the High Court (Civil Procedure) Rules reads:

HELD:

"Section 78 of the Companies and Allied Matters Act makes provisions for service of two types of documents.

HELD:

"It has been judicially pronounced that the residence of a corporation is the place of its central management and control.

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