Company Law (90)
HELD:
"The finding of the learned trial Judge that the description of the plaintiffs as Registered Trustees is cosmetic and is not fatal to the locus standi of the plaintiffs is standing the law on its head.
HELD:
"The law is trite that the plaintiff who takes out an action must be competent to institute such an action.
HELD:
"From a conspectus of a host of decisions of this Court, I am emboldened in my view that the only permissible mode of proving the legal personality of Incorporated Trustees under Part C of CAMA, or Registered Trustees under the old Land (Perpetual Succession) Act, when the adversary has not admitted that status to the plaintiffs, is by the production in evidence of the Certificate of Incorporationn issued by the Corporate Affairs Commission (CAC).
HELD:
"My lords, the legal personality of a company, Registered Trustees, is established on the production of its Certificate of Incorporation.
HELD:
"The position of the law is that if there is a pleading that impugns the juristic personality of the plaintiff, the evidence needed would be to tender the Certificate of Incorporation at the trial even if there is evidence of admission about the status of the plaintiff.
HELD:
"In G & T Invest Ltd v. Witt & Bush Ltd (2011) 8 NWLR (Pt. 1250) 500 at 540 Paras C - D this Court per Adekeye JSC said:
HELD:
"The law is settled beyond any argument that a person must have the requisite legal capacity to be a party to a legal suit.
HELD:
"The appellant's first issue questioned whether the Appellant a Managing Director of a Limited Liability Company, the 3rd respondent herein was rightly charged, prosecuted and held criminally liable jointly with the company, for the acts of the company in the execution of a contract of importation of PMS into Nigeria?
HELD:
"It would seem to me that the case at hand, before the trial tribunal revolves on the provisions of Section 284(1) of the Investment and Securities Act 2007.
HELD:
"It is well settled that where a Receiver/Manager has been appointed in a Mortgagee's action, it is for the court to determine whether proceedings shall be taken at the expense of the mortgaged property.