NII AMANOR DODOO & THE BEIGE BANK v. MICHAEL NYINAKU & 12 ORS

The 2nd to 6th and 9th Defendants applied to strike out a suit initiated by the Receiver of The Beige Bank, contending that the writ was a nullity because the Receiver lacked capacity to sue in his personal name. The Receiver alleged unlawful transactions by the 1st Defendant and others and sought declarations, accounting, rescission, and recovery of large sums. The Bank was later joined as 2nd Plaintiff. Respondents argued that capacity could not be raised at this stage and that the Receiver, having succeeded to members’ powers, could sue as a member under section 210 of the Companies Act. The court held that lack of capacity may be raised preliminarily as a point of law, that misinvoking original rather than inherent jurisdiction was inconsequential, and that under Act 179 and Act 930 a receiver must sue in the company’s name. The original writ was void and joinder could not cure the defect, so the suit was struck out without costs.