Case Issue: Whether the Preliminary Objection Raised by the Appellant in this Suit, as to its juristic personality was precipitate, same having been raised in limine without filing Statement of Defense.
Case Held: The law is that where the legal personality of incorporated company is called into question and issue joined thereon, the onus is on the party claiming the status of juristic person derived from such incorporation to establish it and the corporate status of a body is established by the production of its certificate of incorporation. I tend to agree with the Appellant that the issue whether the Respondents sued a juristic person as Defendant at the court below is a matter of jurisdiction which can be raised before the filing of Statement of Defence. It need not be raised as a point of law In the Statement of Defense…. The Defendant need not wait or delay or stay until the exchange of Pleadings to raise threshold issue of competence of parties to an action.