The Appellant until 1st November, 1995 was an employee of U.A.C. Nigeria Plc. He was a Senior Production Supervisor of the Company. By a letter dated 30th October, 1995. Appellant was dismissed by his employers U.A.C Nigeria PLC. Appellant felt aggrieved by his dismissal. He instructed his counsel to commence legal proceedings accordingly. Based on this instruction a writ was taken out against Unite African Company Foods which admittedly is not a juristic person. After the service of both the writ and statement of claim: counsel entered conditional appearance on behalf of U.A.C Nigeria PLC. Subsequently an objection by way of motion on notice was raised as to the competence of the suit before the Court. Appellant filed an application for amendment of the writ already taken out. He sought by the application to amend his statement of claim also so as to replace the non juristic person United African Company Foods with a juristic person U.A.C. Nigeria PLC The Trial Court took the preliminary objection first and in a considered ruling dismissed the suit. The appellant was dissatisfied with the ruling. He then appealed to the Court of Appeal.