LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Juristic Persons – Categories of Persons Who May Sue or Be Sued Eo Nomine
PRINCIPLE STATEMENT
Juristic persons who may sue or be sued eo nomine have been recognised to include:- (i) Natural persons, that is to say, human beings; (ii) Companies incorporated under the Companies Act; (iii) Corporations aggregate and Corporations sole with perpetual succession; (iv) Certain unincorporated Associations granted the status of legal personae by law such as: - (a) Registered Trade Unions; (b) Partnerships and (c) Friendly Societies or Sole proprietorships.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Iyke Medical Merchandise v. Pfizer Inc & Anor (2001) NLC-291996(SC) at p. 13; Paras B–C.
"Juristic persons who may sue or be sued eo nomine have been recognised to include:- (i) Natural persons, that is to say, human beings; (ii) Companies incorporated under the Companies Act; (iii) Corporations aggregate and Corporations sole with perpetual succession; (iv) Certain unincorporated Associations granted the status of legal personae by law such as: - (a) Registered Trade Unions; (b) Partnerships and (c) Friendly Societies or Sole proprietorships."
EXPLANATION / SCOPE
Juristic persons who may sue or be sued eo nomine (in their own name) include: natural persons; incorporated companies; corporations aggregate and sole with perpetual succession; and certain unincorporated associations granted legal personae by law—registered trade unions, partnerships, friendly societies, and sole proprietorships. This list is not exhaustive. The principle identifies who has legal capacity to litigate in their own name. Sole proprietorships are included despite not being separate legal entities—they may be sued in the business name under rules of court. The classification ensures clarity in civil procedure. The court applies these categories when determining proper parties.
