Ratio Decidendi



ALOWONLE
V.
BELLO & ANOR

(1972) JELR 39951 (SC)    

Supreme Court  ·  SC.62/1969 ·  28 Jan 1972 ·  Nigeria
 · 
Other Citations
(1972) All N.L.R. 42 Alowonle v. Bello (1972) 1 S.C. 14
CORAM
UDO UDOMA JSC GEORGE BAPTIST AYODOLA COKER JSC IAN LEWIS JSC

Ratio Decidendi

Editorial Summary
The plaintiff/respondent sued the defendant/appellant inter alia for “an account of all the profits which accrued to the partnership firm of “Express Records Dealers Association” and to restrain the defendant from using the name and producing under the label of “Alowonle Sounds Studio”. The High Court granted the claims whereupon the defendant appealed to the Supreme Court. The Supreme Court, after finding as a fact that the partnership was not registered, held that the parties were in pari delicto and held that the action was incompetent. The Court set aside the judgment of the High Court and struck out the plaintiff’s action.
Core Terms Beta
learned trial judge
express records dealers association
partnership agreement
plaintiffs claim
alowonle sounds studio
registered trademark
high court
account of the profit of the firm
account of all records orders
leading judgment
following orders
circumstances of this case
statement of claim
defendant
plaintiffs
registration of alowonle sounds studio
view of certain happenings
order
28th may
g. b. a. coker
partnership firm
business of the partnership
date of judgment
statement of defence
result of orders
name
trade name
principal averments
28th june
virtue of a deed of partnership
parties
case
evidence
virtue of illegal exercises
support of the averments
own share of the profits
due shares of the profits
present appellant
legal consequences
present respondents
partners of the said firm
behalf of the partnership
managing director of the firm
distinguishing label
reserved judgment
firm
full statement of account
exhibit p
records

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellant was the defendant in the High Court, Lagos, where he had been sued by the present respondents, as plaintiffs, on a writ of summons endorsed as follows:

"By virtue of and under a partnership agreement dated the 28th May, 1964, the plaintiffs, the defendant and one F. S. Balogun became partners and traded under the name and style of 'Express Records Dealers Association' (hereinafter called 'the firm') and produced records with the distinguishing label of 'Alowonle Sounds Studio'. The firm was dissolved on the 7th February, 1967.

The defendant, who was the managing director of the firm, has failed and refused and still refuses to render an account of the profit of the firm to the plaintiffs and the other partner and to pay to them their due shares of the profits from the 28th May, 1964, to the 7th February, 1967.

WHEREOF the plaintiffs claim against the defendant as follows:

1. An account of all the profits…

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