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AG OYO STATE & ANOR.
V.
FAIRLAKES HOTELS LTD. & ANOR.

(1989) JELR 42911 (SC)

Supreme Court 1 Dec 1989 Nigeria
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- A company sued several defendants for obstructing registration and breaching an agreement. - The court found in favor of the plaintiff on liability and awarded damages. - The Court of Appeal varied the damages, disallowing general damages

Case Details

Suit Number:SC.169/1986
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel: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
Other Citations:A-G., Oyo State v. Fairlakes Hotels (No.2) (1989) NWLR (Pt.121) 255 (1988) 12 S.C (Pt I) 1

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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