ZARA PROPERTIES LIMITED (CPR/2010/24490) V. ZARA PROPERTIES LIMITED (C.106174) & ATTORNEY GENERAL

JUDGMENT OF THE COURT

1. This appeal revolves around an unusual incident of double registration of a Company, Zara Properties Limited. By a plaint dated 19^th October, 2010 the 1^st respondent, which was formerly known as Prompt Fire Protection Limited, stated that on 14^th October, 2009 it wrote to the Registrar of Companies (the Registrar) requesting for reservation of the name Zara Properties Limited; that the name was confirmed as available on 2^nd December, 2009; that all the requisite documents including a Special Resolution of the change of name were submitted but the Registrar did not issue the certificate confirming the change of name.

2. The 1^st respondent further pleaded that on 5^th June, 2010 the Registrar incorporated another company the appellant, by the name Zara Properties Limited and issued it with a certificate of incorporation number CPR/2010/24490; whereas the 1^st respondent had been issued with a certificate of change of name dated 2^nd December, 2009.

3. In the circumsta…