MISNOMER THAT CAN VITIATE PROCEEDINGS

• Date: 06 February 2019

"When both parties are quite familiar with the entity envisaged in a writ of summons, and could not have been misled or have any real doubt or misgiving as to the identity of the person suing, then there can be no problem of mistaken identity to justify the striking out of the action. Misnomer that will vitiate the proceedings would be such that will cause reasonable doubt as to the identity of the person intending to sue or be sued. See: Rodriguez v. Parker (1967) 1 Q.B. 116, (1966) 2 A.E.R. 349; Mitchell v. Harris Engineering Co. Ltd. (1967) 2 Q.B. 703, (1967) 2 All E.R. 682, C.A.; Whittam v. W.J. Daniel & Co. Ltd. (1962) 1 Q.B....