Corporate Commercial

LIQUIDATED MONEY DEMAND AND THE SUMMARY JUDGMENT PROCEDURE: CRITICAL EXAMINATION OF THE DECISION IN NIGERIA PORT AUTHORITY v AMINU IBRAHIM & CO

*Ogechukwu Obi LL.B(Lagos) B.L

INTRODUCTION

Conducting a full trial is cost intensive and time demanding particularly in cases where the Claimant has a good case and the Defendant has no reasonable defence to the claims. Lack of good defence will precipitate diverse tactics to forestall trial and frustrate the claims of the Claimant. The saying that ‘Justice delayed is justice denied’ is the fate of a litigant in a personal action who dies before he could obtain and enforce judgment in his favour. To abridge time and procedure in cases where it is apparent that a full trial will occasion injustice,

THE COMPANIES AND ALLIED MATTERS BILL (2018): IMPLICATIONS FOR BUSINESSES IN NIGERIA

 

Ogechukwu Obi*

 

Simplicity is the ultimate sophistication, nothing distinguishes more than the ability to simplify highly complicated situations. This is what the new Companies and Allied Matters Bill (the Bill) aims to achieve. The Bill has reduced to the barest minimum, the herculean processes encountered by small and medium enterprises with respect to giving their business outfits legal identity. Although the bill is yet to come into existence, its provisions shall be examined briefly.

The first thing the Bill seeks to achieve is to repeal the existing Companies and Allied Matters Act 1990 (the Act).

THE RIGHT OF FOREIGN COMPANIES TO SUE IN NIGERIAN COURTS AND THE ENFORCEMENT OF CONTRACT BY FOREIGN COMPANIES:

The decision OF THE SUPREME COURT in Citec int’l estates ltd v edicomsa int’l inc & associates.

 

The relevant sections applicable to enforcement of contracts by foreign company and the right of foreign companies to sue in Nigerian courts are sections 54, 55 and 60(b) of the Companies and Allied Matters Act, Cap C20 Laws of the Federation (CAMA). Section 54(1) of CAMA prohibits a foreign company from engaging in business in Nigeria without incorporating as a legal entity under CAMA. Section 54(2) of CAMA provides that any act done in violation of Section 54(1) shall be void.