OBIKOYA V.THE REGISTRAR OF COMPANIES AND OFFICIAL RECEIVER OF POOL HOUSE GROUP (NIGERIA) LTD.
T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the ruling of Dosunmu, J., in the Lagos High Court given on September 10, 1973 in respect of an application made to the court by the respondent under Section 226(1) of the Companies Decree 1968 seeking the sanction of the court to enable the applicant continue a court action which was originally instituted by the company before it was wound-up.
Learned counsel for the appellant complained that the learned Judge gave no reason for his ruling, pointing out also that the argument of counsel in the lower court was too short to be of much assistance. He sought permission and was allowed to argue all the seven grounds of appeal together. He submitted that even the trial Judge agreed that it is the jurisdiction of the High Court to allow the original action filed on July 31, 1970 to continue that is being challenged. Learned counsel contended that the application had wrongly been brought under Section 226(1) wherea…