LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Firms – Partnership May Sue or Be Sued in Firm’s Name
PRINCIPLE STATEMENT
Any two or more persons claiming or alleged to be liable as partners may sue or be sued in the name of the firm in which they were partners when the cause of action arose; and any party to an action may in such case apply to the court for a statement of the names and addresses of the persons who were, when the cause of action arose, partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the court may direct.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Iyke Medical Merchandise v. Pfizer Inc & Anor (2001) NLC-291996(SC) at p. 6; Paras A–B.
"Any two or more persons claiming or alleged to be liable as partners may sue or be sued in the name of the firm in which they were partners when the cause of action arose; and any party to an action may in such case apply to the court for a statement of the names and addresses of the persons who were, when the cause of action arose, partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the court may direct."
EXPLANATION / SCOPE
A partnership may sue or be sued in the firm’s name under the rules of court. The firm name serves as the legal persona for litigation purposes. The rule applies to persons claiming or alleged to be liable as partners when the cause of action arose. Any party may apply for disclosure of the names and addresses of the partners at the time the cause of action arose. The court may direct the manner of disclosure and verification (on oath or otherwise). This facilitates litigation against partnerships without requiring each partner to be named individually. The rule balances efficiency with the right to know who the real parties are. The firm name is a convenient expression, not a separate legal entity.
