COMPANY LAW – INCORPORATION OF COMPANY – How to prove incorporation of a company


“…Assuming it were to be conceived that the appellants in their pleadings joined issues with respondent in respect of paragraphs 6A-6C, 8, 9A, 9B, 9D and 9E of the Further Amended Statement of Claim, it is submitted that the law would then require the respondent to produce proof of the juristic personality of the respondent. This burden would be discharged by the tendering of the certificate of incorporation, as rightly opined by Onnoghen, J.S.C. (as he then was) in NNPC v LUTIN INVESTMENT LTD. (2006) 2 NWLR (Pt. 965) 506 at 527 where his Lordship held thus: “…That apart, it is trite law that the only way incorporation of a company can be established in any proceeding is by tendering the certificate of its incorporation…” Per PETER-ODILI, J.S.C. in EKWEOZOR & ORS v. REG. TRUSTEES OF THE SAVIOURS APOSTOLIC CHURCH OF NIG (LCER-2020-39155-SC) at p. 37

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