PALMER, J.
This case involves an important point of law and I have had the advantage of hearing it very well argued on both sides. In April 1952, a firm of chemists was founded in Onitsha under the name of Niger Chemists. It was registered under the Pharmacy Ordinance and the name under Registration of Business Names Ordinance. In July 1954, it became a limited liability company incorporated under the Companies Ordinance and the word “Limited” was officially added to the name although popularly it was still known simply as “Niger Chemists”. The company continued to develop and now has three branches in Onitsha in addition to the head office and five branches in other places in Eastern Nigeria, as far away as Enugu and Okigwi. I am told however that for the last five years it has not shown a profit. The business is the normal business of chemists, druggists and dispensers. In 1957 one of the branches of the company was at 21 Iweka Road, Onitsha.
in June 1957 the second defendant D.K.Brow…