The Court of Appeal held that by virtue of Section 60(b) of the Companies and Allied Matters Act 1990, a foreign company not registered in Nigeria can sue and be sued in Nigerian courts provided that said foreign company was duly incorporated according to the laws of a foreign state recognised in Nigeria.
Can a foreign company sue?
But a foreign company is a corporate body and a legal entity, and under the law it can sue and be sued here as such.
Can a business name sue in Nigeria?
In view of the judicial decisions above and under certain Court’s Rules, a firm can validly sue or be sued in its own name in Nigeria, this is irrespective of whether the Firm is a firm of partners or just consists of an individual.
Can a foreign company do business in Nigeria?
Generally , for a foreign company to carry on business in Nigeria, such foreign company is required to incorporate a separate entity for that purpose in Nigeria, and except a foreign company incorporates a separate entity in that regard such foreign company shall not carry on business in Nigeria or exercise any of the …
How do I sue a company internationally?
Simply give the suit to the court clerk and pay the filing fee. If you’re filing the suit internationally, you will need to file in the court located in the district in which the other party lives, and you’ll likely need an international attorney to help you navigate the process.
How do I take legal action against a foreign company?
To take a case against a business in the courts of another country, those courts must have jurisdiction. This requires establishing a link between the business and the country in which the claim may be brought.
Can someone from a different country sue you?
You can always sue someone in the country they live in, assuming that their country allows foreigners to sue. You can always sue a foreign person in the US, but whether you can enforce the judgment will depend on whether you can find some asset in the US, or whether the foreign country will recognize the US judgment.
How do I sue a company in Nigeria?
Nigeria: How To Sue A Company In Nigeria
- Writ of Summons/Originating Summons (Depending on the matter)
- Statement of Claim.
- List of Witnesses.
- Witnesses statement on Oath.
- List of Documents to be relied on.
- Affidavit of non-multiplicity.
How do I sue someone in Nigeria?
The first step in suing a person is to file an action in Court against the person. An action is usually brought to a court with court’s processes such as a writ of summons or originating summons accompanied with all necessary documents. The jurisdiction is key aspect of suing a person in Nigeria.
How do I file a lawsuit in Nigeria?
The Process to sue a person in Nigeria
- Step 1 – Is Going to Court the only option? Whatever the reason, deciding to sue someone is a decision which should not be taken lightly. …
- Step 2 – Determine whether you have a valid claim. …
- Step 3 – Hire a Lawyer.
Can a foreign company open a bank account in Nigeria?
Under the Nigerian laws and banking regulations, it is only a company duly registered in Nigeria that can open a bank account in Nigeria. Therefore, a foreign company is not entitled to open a bank in Nigeria unless its subsidiary has been duly registered in Nigeria.
A company registered by foreign nationals or has foreigners, as shareholders must obtain a Business Permit Certificate. And any company seeking to employ foreigners can also apply for Expatriate Quota Approvals. … Under Nigerian law, a minimum of 2 shareholders is required to incorporate a company.
How much does it cost to register a foreign company in Nigeria?
For example, the CAC charges the sum of N50,000 (about US$100) to register a company of 10,000,000 issued share capital (the formula for calculating the CAC cost is N5,000 for every 1,000,000 of the 10,000,000 issued share capital).
Can I file a case against a foreigner?
Yes, you can file case against him.
Can you take someone to small claims court if they live in another country?
No, there is nothing practical,that can be done. You cannot get jurisdiction in small claims court and no matter what court you were to use, chasing someone ina foreign country for a small debt is a practical impossibility…
Can you subpoena a foreign company?
Federal Rule of Civil Procedure 4(f) requires that a foreign person or entity be served through the Hague Convention. However, one can serve a subpoena on a foreign company through its U.S. affiliate without serving through the Hague Convention, which can be a costly and time-consuming process.