Zain Nigeria Limited V. Alhaji Mohammed Kawu Ilorin (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the Ruling of the High Court of Justice Kwara State, Holden at Ilorin Division and delivered on the 5th October, 2009, by His Lordship, the Honourable Justice S.T. Daibu whereby the Application of the Appellant (then the Defendant) dated and filed on the 30th April, 2009, for an order striking out the substantive suit for want of jurisdiction, was dismissed for lacking in merit.

Dissatisfied with the Ruling of the learned trial Judge, the Appellant brought an Application before this Honourable Court dated 23rd March, 2010 praying for extension of time within which to apply for leave to appeal against the said Ruling; leave to appeal on grounds other than law simpliciter; extension of time to appeal and file the Appellant’s Notice of Appeal against the Ruling and to deem the Notice of Appeal already filed and served in the suit as duly filed out of time. Consequently, the Notice of Appeal with two Grounds was deemed duly filed and served on the Respondent on the 8th of June, 2010.

For the avoidance of doubt, the Grounds of Appeal are reproduced hereunder as couched with their respective particulars:-

“GROUNDS OF APPEAL

1. The Court below erred in law when it dismissed the Appellant’s preliminary objection premised on the jurisdiction of the Court by holding that the Appellant is a juristic person and can therefore sue or be sued in the name “Zain Nigeria Limited.”

PARTICULARS

i. The Court below wrongfully held that “Zain Nigeria Limited” is a juristic person when in actual fact the Appellant’s registered named is not “Zain Nigeria Limited.”

ii. There is no evidence placed before the court to show that Zain Nig. Ltd. is a registered name of the Appellant.

iii. Non juristic person like the Appellant can neither sue nor be sued as was held by the Court below.

iv. The error of the Court below has occasioned miscarriage of justice.

2. The lower court erred in law when it misconceived and misinterpreted order 14 Rule 17 of the Kwara State High Court (Civil Procedure) Rules thereby conferring legal personality on the unregistered name of the Appellant and this has occasioned miscarriage of justice.

PARTICULARS

i. There is nothing in order 14 Rule 17 of the Kwara State High Court (Civil Procedure) Rules that confer legal personality on the unregistered name of any given firm like the Appellant’s name in this case.

ii. Order 14 Rule 17 of the Kwara State High Court (Civil procedure) Rules is not a waiver of the required registration of name of any firm that intends to sue and be sued.

iii. The court below did not support its position with any decided authority (ies) or statute(s) apart from the misconstrued and misinterpreted order 14 Rule 28 of the Kwara State High Court (Civil Procedure) Rules.”