Company Law

MOBIL OIL SIERRA LEONE LIMITED v. TEXACO AFRICA LIMITED and UNITED AFRICA COMPANY (001) [1964] SLSC 1 (02 October 1964);

Search Summary: 

Civil Procedure-writ of summons-name of party-incorrect name no ground for setting aside writ: The omission of the word "Limited"
in the name of a limited company which is a party to legal proceedings is a misnomer if, in all the circumstances of the case and looking at the document as a whole, a reasonable man is in no doubt as to whom that description refers to, because of the absence of another entity to which the description might refer. Such an omission is not
a ground for setting aside a writ of summons (page 134, line 37- page 135, line 16).

Civil Procedure-writ of summons-name of party-when misnomer crucial: When a company is misnamed in legal proceedings, the test
as to whether a misnomer is so crucial as to cause a writ to be set aside for irregularity is the attitude of a reasonable recipient of such
a writ; if, in all the circumstances and looking at the document as a whole, the recipient company knew that it was intended for itself
but that there was a mistake as to name, then this is a case of mere misnomer, which can be cured by amendment, but if the recipient
does not know for whom it was intended, in particular where there is another entity to whom the description might refer, this is beyond the realm of curable misnomer (page 134, line 37-page 135, line 8).

Companies-name-name in litigation-incorrect name no ground for setting aside writ: See [1] above.

 

 

 
 

 

MOBIL OIL S.L. LTD. v. TEXACO AF. LTD., 1964-66 ALR S.L. 133             s.c.

MOBIL OIL SIERRA LEONE LIMITED v. TEXACO AFRICA LIMITED and UNITED AFRICA COMPANY

SuPREME CouRT (Marke, J.): October 2nd, 1964

(Civil Case No. 260/64)                                                 5