HELD

  1. Only persons with legal personality can only sue and be sued

    The 6th defendant is sued as Group Managing Director, Omatek Group of Companies while the 7th defendant is sued as Chairman, Board of Directors Omatek Group of Companies. The law is that no action can be brought by or against any party other than a natural person or persons unless such a party has been given by statute expressly or impliedly or by common law either a legal personality under the name of which it may sue or be sued or a right to sue or be sued by that name e.g. partnerships trade unions, friendly societies. See Carlen Nig. Ltd v Unijos [1994] 1 NWLR (Pt 323) 631.

    The 6th and 7th defendants have not been so conferred and therefore have no legal capacity to defend

    this suit not being juristic persons.

  2. Strangers to employment contract

The claimant was employed by the 3rd defendant Omatek Ventures Plc and his appointment was also terminated by the 3rd defendant who is his employer as can be seen from the documents frontloaded. There is therefore no nexus between the claimant and the 1st, 2nd, 4th & 5th defendants who are strangers to the employment contract.

Furthermore, there is no wrongful act alleged against the 1st, 2nd, 4th & 5th defendants in the statement

of facts and so there is no cause of action disclosed against them. On the question whether the 1st, 2nd,

4th & 5th defendants are proper parties, the law is settled that what determines it is the subject matter of

the action and whether the persons presence is necessary for the effectual determination of the suit.

CASES REFERRED TO

  1. A.G. Federation v A.N.P.P [2003] 18 NWLR (Pt 844) 600.

  2. Abadiume v Ibok [2006] 6 NWLR (Pt 975) 158 at 173,

  3. Adetona v Edet [2007] 3 NWLR (Pt 699) 186 at 190.

  4. Agbonmagbe Bank v General Manager G.B. Ollivant Ltd [1961] ANLR 116.

  5. Ataguba & Co v Gura (Nig) Ltd [2005] 8 NWLR (Pt 927) 429 at 445.

  6. Carlen Nig. Ltd v Unijos [1994] 1 NWLR (Pt 323) 631.

  7. Drummond Jack v BMA [1970] IAER 1094 at 1100.

  8. Ehidiamen v Musa [200] 8 NWLR (Pt 669) 540

  9. Green v Green [1987] 3 NWLR (Pt 61) 480,

  10. Grema v Janyun [2001] FWLR (Pt 54) 256 at 265.

  11. Ibrahim v Osim [1989] 3 NWLR (Pt 820) 257,

  12. Nigerian Navy & ors v Garrick [2006] All FWLR (Pt 315) 45 at 64,

  13. Nurses Association v Attorney General [1981] 11-12 SC 1,

  14. Ogundere v Ogunlowo [1997] 6 NWLR (Pt 509) 361 at 371.

  15. Okoye v Nigerian Construction & Furniture Co. Ltd [1991] 6 NWLR (Pt 199) 501 at 533 -534,

  16. Olawaniyi v Adewumi [2008] 13 NWLR (Pt 1104) 387.

  17. Peenok Investment Ltd v Hotel Presidential [1982] 12 SC 1.