IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Lagos High Court delivered on 11th day of December 1989 in suit No. LD/283/89. The said decision emanated from an application by the defendants to dismiss the action on the ground that the plaintiffs who sued as MR and MRS. ESAN did not constitute a legal personality or body corporate known to law and so could neither sue nor be sued in that name.
The learned trial Judge dismissed the application and held that the plaintiffs as husband and wife could institute the action as they proposed to do in the suit.
The appellant filed one ground of appeal and formulated only one issue determination also. The issue reads thus: -
"Whether or not the plaintiffs suing as Mr. and Mrs. E.A. Esan constitute a legal personality of body corporate known to law and have the right to sue in the said name."
When this appeal came up to be argued the Respondent and his counsel were absent from Court and no brief had been fi…