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Starcola (Nigeria) Ltd & Anor. v. Madam Taibatu Adeniji & Ors.

(1972) JELR 45190 (SC)

Supreme Court  •  SC.37/1971  •  28 Jan 1972  •  Nigeria

Coram
IAN LEWIS JSC CHARLES OLUSOJI MADARIKAN JSC ATANDA FATAYI-WILLIAMS JSC

Judgement

I. LEWIS, J.S.C. (Delivering the Leading Judgment): In Suit No. M/135/70, the applicants took out an originating summons which according to the heading of the summons was on the following basis:

"IN THE MATTER OF THE COMPANIES DECREE, 1968

AND

IN THE MATTER OF SECTION 115 OF THE COMPANIES DECREE 1968

AND

IN THE MATTER OF STARCOLA (NIGERIA) LIMITED APPLICATION MADE UNDER:

(1) ORDER 102 RULES 3(1) AND 3(2) OF THE RULES OF THE SUPREME COURT OF ENGLAND.

(2) SECTION 12 OF THE HIGH COURT OF LAGOS ACT."

and sought in the originating summons itself the following reliefs:

"(a) For a declaration that the five applicants and the 2nd respondent are joint promoters of the company known as Starcola (Nigeria) Limited the 1st respondent herein.

(b) For a declaration that all the applicants are entitled to subscribe the memorandum of association of the said Starcola (Nigeria) Limited and are entitled jointly with the 2nd respondent to any benefit accruing or that may accrue to the promoters of …

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