The ruling is grounded on, indeed in consequence of a preliminary issue that the court raised in the matter prior to the scheduled hearing of the suit as to the propriety of Michael Ozioko’s assumption and designation of himself as a plaintiff suing personally under the trade name and ostensibly for and on behalf of what appears clearly on the writ a limited liability company - Spare Parts Last Stop Company Limited.
The issue had been raging in my mind during the case management conference but for reasons of avoiding being perceived by palintiff’s lawyer to have crossed the redline, I decided to withhold it and see if learned defense counsel in particularly would raise it, but he did not, and so quietly, the court scheduled three days for the hearing of the suit. But at the date for the scheduled hearing, I could not hold up the issue, and so I raised it to seek clarity of opinion from the lawyers, the plaintiff’s lawyer in particular.
Whilst lawyer for the defendant agreed with the cou…