LEGAL PRINCIPLE: CIVIL PROCEDURE — Parties — Competency of Non-Juristic Persons to Sue or Be Sued — Suability of Firm Name Under Rules of Court
PRINCIPLE STATEMENT
Only natural persons and juristic or artificial persons such as body corporate are competent to sue or be sued. Where either party is not a legal person, the action is liable to be struck out as incompetent. The law, however, recognises that some non-legal entities can sue and be sued eo nomine.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ataguba & Co. v. Gura Nig. Ltd (2005) NLC-2952000(SC) at pp. 4–5; Paras D–B.
"Undoubtedly, for an action to be properly constituted so as to vest jurisdiction in the court to adjudicate on it, there must be a competent plaintiff and a competent defendant. As a general principle, only natural persons, that is, human beings and juristic or artificial persons such as body corporate are competent to sue or be sued. Consequently, where either of the parties is not a legal person, the action is liable to be struck out as being incompetent… The law, however, recognises that apart from natural and juristic persons, some non-legal entities can sue and be sued eo nomine."
EXPLANATION / SCOPE
Generally, only natural and juristic persons have capacity to sue or be sued. Actions by or against non-legal persons are incompetent and liable to be struck out. The principle applies to civil procedure. The rule has exceptions: some non-legal entities can sue or be sued eo nomine (in their own name) under rules of court. The court must verify the legal status of parties.
