All persons with legal capacity can sue and be sued. Legal capacity refers to the right or ability under the law to be able to engage in a particular undertaking. Legal capacity is generally determined by age and mental status. Therefore a person intending to sue should be an adult (18 years and above); and of sound mind. The law may also prescribe other circumstances under which a person may sue.

Nevertheless, this does not bar a minor (someone below 18 years), or an insane person from suing. A minor/insane person can sue through a Next Friend. This is a person appointed by Court to represent another who is under disability or otherwise unable to maintain a suit on his or her own behalf.

A person according to the law may be a natural person or a legal person e.g. a company.

Before rushing to sue, make sure you have capacity to sue.

All persons with legal capacity can sue and be sued. Legal capacity refers to the right or ability under the law to be able to engage in a particular undertaking. Legal capacity is generally determined by age and mental status. Therefore a person intending to sue should be an adult (18 years and above); and of sound mind. The law may also prescribe other circumstances under which a person may sue. Nevertheless, this does not bar a minor (someone below 18 years), or an insane person from suing. A minor/insane person can sue through a Next Friend. This is a person appointed by Court to represent another who is under disability or otherwise unable to maintain a suit on his or her own behalf. A person according to the law may be a natural person or a legal person e.g. a company. Before rushing to sue, make sure you have capacity to sue.
 
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