Y. BOHSALI & CO. LTD.
V.
OKOI ARIKPO

(1966) JELR 58689 (SC)    
Supreme Court  ·  SC.157/1965 ·  10 Jun 1966 ·  Nigeria
CORAM
ADEMOLA, C.J.N. BAIRAMAIN, JSC LEWIS, J.S.C.
Core Terms Beta
partners
plaintiff
court
defendant
jurisdiction
partner
rule
appeal
learned trial judge
order
plaintiffs
firm of arthur prest
view
claim
english rules of the supreme court
grounds of appeal
halsbury’s laws
joint contractors
others
persons
rules
white book
action of the plaintiffs
arguments of counsel
balcarres brook steamship company ltd.
brief note of the arguments
cases
civil procedure
extreme cases
foregoing procedure
former order
general principle
general rule
high court
judgment of the court
lagos high court
learned judge
legal points
lord esher
mr akinyele
mr braithwaite
name of the respective firm
olatunji okunubi
proper procedure
respect of that portion of the judgment
see sheehan v
support of his decision
supreme court
trial court

LEWIS, J.S.C. (delivering the judgment of the Court):-This is an appeal by the plaintiff from Adefarasin, J., sitting in the Lagos High Court in which he struck out the plaintiffs claim in suit No. LD 32/64 on 22nd July, 1964 but made no order as to costs. The plaintiff in the action had claimed £600 being the balance of an amount due to the plaintiff from the defendant for arrears of rent at 45 Ereko Street, Lagos. The plaintiff called one witness to establish his claim but the defendant chose not to call evidence. The learned trial judge in his judgment said: “Learned counsel for the defendant contended that the defendant as a partner in the firm of Arthur Prest and Co. was jointly liable with other partners. With that view I fully agree but are the plaintiffs entitled to sue him independently of the partnership? The general principle seems to be that any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued i…

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