COKER, J.S.C. (Delivering the Leading Judgment): The arguments on this appeal have been rather elaborate but the matters to be decided fall within a very narrow compass. The short question is whether an order made by Lambo, J., (High Court, Lagos) pursuant to the provisions of Section 128 of the Companies Decree, 1968 was justified by the powers conferred on the court by that section. The 1st respondent before us was the applicant before the High Court, Lagos, and the Registrar of Companies was the original and only respondent to an application which was by way of an originating summons stated to have been taken out pursuant to the provisions of Order 120 Rules 2-3 of the English Rules of the Supreme Court. We shall advert later in this judgment to the implications of that procedure.
The application concerns the affairs of a company registered in Nigeria and known as Tarstone and Company Limited, and the amended originating summons was headed "In the matter of the Tarstone and Co. Ltd…