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ATTORNEY-GENERAL OF OYO STATE & THE COMMISSIONER FOR TRADE, INDUSTRIES AND CO-OPERATIVE V. FAIRLAKES HOTEL LIMITED

(1988) JELR 39659 (SC)

Supreme Court  •  SC.169/1986(R)  •  2 Dec 1988  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC AUGUSTINE NNAMANI JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC ABDUL GANIYU OLATUNJI AGBAJE JSC ABUBAKAR BASHIR WALI JSC

Appearances
Mrs. B. O. Adebayo, Director of Legal Drafting and Ministerial Counseling For the Appellant; E. O. Molajo. S.A.N. For the Respondent.

Judgement
<p style="text-align: justify;"><strong>ABDUL GANIYU OLATUNJI AGBAJE, J.S.C. (Delivering the Lead Ruling): </strong>The Ruling in this case relates to a constitutional point of law taken by Counsel for the Respondent Mr. E. A. Molajo S.A.N. The constitutional point has to do with the application to us by way of motion on notice, pursuant to Order 6 Rule 1 of the Supreme Court Rules 1985, by the appellants in this appeal for an order granting them leave to introduce new points which were not taken in the court below in this appeal and to deem as filed all such arguments contained in the Defendants/Applicants&#x27; Brief and Reply Brief. Because of the short point of law involved, I do not think it is necessary for me to go in detail into the claim before the trial Court and the decisions of that court and of the Court of Appeal on the claim. It will suffice to say that the plaintiff, Fairlakes Hotels Limited, sued the defendants, the Registrar of Companies and two others in the Federal High Court for certain declaratory reliefs and for da…</p>

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