Entities that Can Sue or Be Sued

Legal Persons in Suing and Being Sued

• Legal actions require parties to be legal persons, categorized into natural and artificial persons.

Natural Persons

• Individuals must be of full age and sound mind to engage in legal actions.
• Special categories include:
  • Infants, lunatics, and persons of unsound mind are recognized but have limitations.
  • Married women possess the capacity to sue or be sued.
  • Persons unknown can pursue legal actions where their identity is not disclosed.
  • Individuals acting under a power of attorney can represent others in legal matters.

Artificial Entities

• Artificial entities gain the ability to sue and be sued through statutes or common law.
• Two significant types of artificial entities exist: corporate and non-corporate.

Corporate Entities

• Defined as incorporated or recognized legally structured groups:
  • Incorporated companies governed by Part B of the Companies and Allied Matters Act (CAMA).
  • Limited liability partnerships as outlined in Part C of CAMA (excludes limited partnerships).
  • Incorporated trustees following Part F of CAMA.
  • Statutory corporations or bodies, which may have been established by legislation.
  • Government acts as a legal entity capable of litigation.
  • Corporation sole represents a single entity with legal rights.
  • Trade unions have inherent legal standing.

Non-Corporate Entities

• Limited partnerships defined under Part D of CAMA do not fall under corporate status but can engage in legal actions.