Onwumere &CO

30/08/2024

“The natural order of life is spiritual unfoldment and growth. Whether anyone likes it, believes in it, or accepts it or not, life says you’re going to grow spiritually.

“Someday you’re going to outgrow your state of consciousness. Someday you’ll become a Coworker with God.

“This is your spiritual destiny.”

—Sri Harold Klemp, “Animals Are Soul Too!”

For inspiring animal stories, visit www.AnimalsAreSoul.blog.



Photo by Kristy Walker

23/11/2022

ANEGE & ORS v. ALANEME & ORS
(2020) LPELR-50445(CA)

ISSUE
PRACTICE AND PROCEDURE - SUBSTITUTION OF PARTIES
- Whether the court can grant an amendment for the substitution of a non juristic person with a juristic person

PRINCIPLE
"I have right from the onset stated that after filing the notice of preliminary objection by the defendant at the lower Court, the claimants thereafter filed a motion on notice to substitute the unregistered "Ideato Welfare Association" with "The Registered Trustees of Ideato Cultural and Welfare Association, Calabar" or to amend the status of the 1st and 3rd defendants to show that they are principal officers of the Registered Trustees of Ideato Cultural and Welfare Association, Calabar. A misnomer when associated with issues of juristic personality and mis-description of names of parties simply means the "wrong use of a name or a mistake in naming a person, place or thing, especially in a legal instrument which should ordinarily not lead to a nullification of the proceedings. In other word, a misnomer in the context of litigation occurs where the entity suing or intended to be sued exists, but a wrong name is used to describe that entity. SeeMaersk Line Vs Adide Investment Ltd (supra). InEmespo J. Continental Ltd Vs Corona S. Mba & Co (2006) 11 NWLR (Prt 991) 365 at 378, it was held that a misnomer is said to occur in legal proceedings when the correct person comes or is brought to Court under a wrong name but not when the wrong person sues or is sued in an action. The test which has been applied by the Courts to ascertain if the title of a party shown on the writ of summons is a misnomer is well settled. One factor that operates on the mind of the recipient of the writ of summons is whether there is or is not another entity to which the description on the writ might refer. The test is usually the Reasonable Man's test of some kind to wit: How will a reasonable man receiving the document take it?

01/07/2022

A FEDERAL High Court in Abuja has ordered the National Identity Management Commission (NIMC) and the Nigeria Immigration Service (NIS) to release the certified true copy of the biodata of David Ugbo to Ike Ekweremadu and his wife, Beatrice Neanneka. Ukpo is the prospective organ donor that was alleg...

14/05/2022

https://www.thelawlane.com/abubakar-dan-shalla-v-the-state/

A. CRIMINAL LAW-DEFENCES 1. Defences–Duty of court to consider all defences open to an accused person; and when such consideration may be excused;