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SO SAFE TABLE WATER TECHNOLOGIES LTD
V.
AYINOLUWA & ANOR

(2013) JELR 35420 (CA)

Court of Appeal 9 Dec 2013 Nigeria
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- The Respondent commenced proceedings against the Appellant under the name "So Safe Table Water," and the Appellant objected, arguing that it was a non-juristic person and sought to strike out the suit. The Respondent applied to amend the

Case Details

Suit Number:CA/L/176/2007
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Counsel:Edwin Anikwen Esq. For Appellant G. T. Agberen Esq. For Respondent
Other Citations:(2008) JELR 42668 (CA)

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Coker J. of the Lagos state High Court in Suit No. LD/167/04 delivered on 27/1/05 granting the Respondents' application to amend the Appellants name from So Safe table water to so Safe Water Technologies Limited.

The Respondents by a writ of summons, dated 23/1/04 commenced an action against the Appellant at the Lagos High Court. Upon service of the Originating processes on the Appellant, the Appellant filed its Statement of Defence and thereafter filed a Motion on Notice praying the court to strike out the suit on the ground that a non juristic person was sued. The Respondent then in turn filed an application to amend. Both applications were taken together. The learned trial Judge in her ruling granted the amendment. The Appellant being dissatisfied with the ruling appealed to this court. Two issues were formulated in the Appellant's brief of argument viz:

1. Whether the court below…

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