LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Unincorporated Business Enterprises – Sole Proprietorship May Be Sued Eo Nomine Under Rules of Court
PRINCIPLE STATEMENT
Where, therefore, it is established that a person is carrying on business within jurisdiction in a name or style other than his own name, such a person may pursuant to the provisions of the said Order 13 rule 42 of the High Court of Lagos (Civil Procedure) Rules, 1972 be sued in such a name or style as if it were a firm.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Iyke Medical Merchandise v. Pfizer Inc & Anor (2001) NLC-291996(SC) at pp. 15–16; Paras D–A.
"Where, therefore, it is established that a person is carrying on business within jurisdiction in a name or style other than his own name, such a person may pursuant to the provisions of the said Order 13 rule 42 of the High Court of Lagos (Civil Procedure) Rules, 1972 be sued in such a name or style as if it were a firm."
EXPLANATION / SCOPE
Under Order 13 rule 42 of the High Court of Lagos (Civil Procedure) Rules, 1972, a sole proprietor carrying on business in a name or style other than their own name may be sued in that business name as if it were a firm. The rule applies once it is established that the person trades under a different name. The business name is treated as the defendant eo nomine. This simplifies litigation against sole proprietorships. The plaintiff need not ascertain the owner’s personal name before suing. The rule prevents concealment and ensures access to justice. The judgment binds the individual behind the business name. The proprietor remains personally liable. The rule applies even without registration of the business name.
