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ATTORNEY-GENERAL OF OYO STATE & ANOR V. FAIRLAKES HOTELS LIMITED & ANOR

(1989) JELR 42911 (SC)

Supreme Court  •  SC.169/1986  •  1 Dec 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ABUBAKAR BASHIR WALI JSC;

Appearances
B.O. Adebayo (Mrs.), Director of Legal Drafting and Ministerial Counseling, Oyo State For Appellant E.A. Molajo, SAN (with him, H. D. Abina and J. Akin-Williams) Alhaji R.A. Osikoya, Director of Civil Litigation, Federal Ministry of Trade For Respondent

Judgement

AGBAJE, JSC (Delivering the Leading Judgment): In the Federal High Court holden at Lagos the plaintiff Company, claimed against the defendants, The Registrar of Companies, The Attorney-General of Oyo State and The Commissioner for Trade, Industries and Co-operatives, Oyo State jointly and severally or in the alternative as follows:-

"The plaintiff claims against the defendants jointly and severally or in the alternative as follows:

1. DECLARATION:-

(a) That the Memorandum and Articles of Association of New Oyo Hotels Limited presented to the 1st defendant for registration since April, 1978, and on which a duty of N18,756.00 was paid is entitled to be registered notwithstanding the fact that the subscribing representative of the 2nd and 3rd defendants has not been Able to produce his tax clearance certificate.

(b) That the 2nd and 3rd defendants or either of them is not entitled to obstruct the registration of the said New Oyo Hotels Limited for the objects for which it was intended, or in…

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