LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Business Names – Registration Not Prerequisite for Capacity to Be Sued
PRINCIPLE STATEMENT
If it happens that the business name had not in fact been registered, that would be a contravention of s.667 of the Act and there are penalties provided. That does not provide immunity against being sued in that name, whatever its status, in accordance with the said Order 14, r.42 applicable in the Federal High Court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Iyke Medical Merchandise v. Pfizer Inc & Anor (2001) NLC-291996(SC) at p. 11; Paras A–B.
"If it happens that the business name had not in fact been registered, that would be a contravention of s.667 of the Act and there are penalties provided. That does not provide immunity against being sued in that name, whatever its status, in accordance with the said Order 14, r.42 applicable in the Federal High Court."
EXPLANATION / SCOPE
Failure to register a business name does not grant immunity from being sued in that name. Registration is a statutory requirement with penalties for non-compliance, but it is not a prerequisite for capacity to be sued. The rules of court permit suing a business name regardless of registration status. The unregistered business name may still be sued eo nomine. The principle prevents individuals from hiding behind non-registration to avoid legal process. The penalties for non-registration are separate from the question of capacity to sue or be sued. The court will not allow procedural non-compliance to defeat justice. The underlying individual remains liable. Registration is not a shield against litigation.
