Facts:

The appellant is a company engaged in the business of general trading with head office at Wave Plaza, International Centre for Commerce, Trade Fair Complex, Badagry Expressway, Lagos while the respondent is a financial institution. The parties were involved in a certain contract which went sour. Consequently, the appellant filed a suit against the respondent at the Federal High Court, Lagos Division. The respondent, after being served with the process, filed its defence and incorporated a counter claim. The appellant in its pleading averred that it is a limited liability company duly incorporated under the laws of the Federal Republic of Nigeria carrying on the business of general trading with office in Lagos. In response to the averment by the appellant, the respondent responded by a general traverse stating that it was not in a position to admit or deny the fact that the appellant is a company duly registered under Nigerian law and that it will put the appellant to proof at trial.
At the trial of the suit, the court raised an issue touching on whether the appellant is a juristic person in law capable of suing or be sued. The court resolved the issue by stating that the appellant failed to establish that it is a person in law duly registered under Nigerian law and as such lacks the capacity to sue. The court went further to strike out the counter claim on the ground that the suit was incompetent for lack of juristic capacity to sue. The appellant was dissatisfied with the decision of the trial court and consequently filed a notice of appeal at the Court of Appeal, Lagos Division urging it to reverse the trial court.
One of the issues raised for determination is whether considering the state of the pleadings of the parties, the legal personality of the appellant has been sufficiently put in issue to place a burden on the appellant to adduce evidence to establish its juristic personality.