Nagarta Integrated Farms Limited V. Ibrahim Mudi Nagoda & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Lead Ruling)

The Appellant’s Motion, dated 13th November, 2014 is for the following reliefs:

a) An Order of this Honourable Court substituting the Appellant’s/Applicant’s name Nagarta Integrated Farm Limited with a new name SKYMATE ASSOCIATES NIGERIA LIMITED and reflecting this substitution in all the processes before this Honourable Court.

b) An Order of this Honourable Court deeming all processes filed by the parties in this appeal amended to read Skymate Associates Nigeria Limited wherever Nagarta Integrated Limited appears.

c) And for such further order(s) that this Honourable Court may deem fit to make in the circumstances of this case.

In support of the Motion is an affidavit deposed to by Igboji Esther, Litigation Secretary in the law firm of Messrs Okechukwu Nwaeze & Co, Counsel to the Appellant.

?The reasons given by the Appellant for the application are that they registered the name “Nagarta Integrated Farms Ltd” in 1987 with the Corporate Affairs Commission (CAC). They subsequently applied for a change of name to “Mustang International Ltd”

and were granted the same by the CAC on 5th November 1992. Yet again, the name of the company was changed to “Skymate Associates Nigeria Ltd” by the CAC on the 30th April 1994, upon their application. There is thus need for the substitution of their name to reflect the new name of “Skymate Associates Nigeria Ltd”.

The various Certificates of Incorporation issued by CAC reflecting the change of name, were exhibited to the affidavit.

Opposing the Motion, the Respondents filed a Counter Affidavit deposed to by Ibrahim Muda Nagoda, the 1st Respondent. The contention of the Respondents is that at the time the Appellant instituted the action in the lower Court on 22nd July 2004, the name of the Company, “Nagarta Integrated Farms Ltd’, was not in existence as a corporate body at the register of CAC. Following a search made by the Respondents, it was found that there was no such name registered, in consequence of which they (Respondents) applied and registered that name, viz “Nagarta Integrated Farms Ltd”. The issue of change of name to Skymate is now just being raised after about 9 years of the commencement of the dispute.

Since, at the time the suit

was instituted, there was no juristic personality capable of instituting this action in the name of Nagarta Integrated Farms Ltd, the various transformations of the Company have put an end to the said Company.

Exhibited to the Counter Affidavit is a copy of the search report and a copy of the Registration Certificate of Nagarta Integrated Farms Ltd dated 12th December 2007.

Counsel, in view of the contentious nature of the application, were directed to file written addresses.