OBIKOYA V.THE REGISTRAR OF COMPANIES AND OFFICIAL RECEIVER OF POOL HOUSE GROUP (NIGERIA) LTD.
V.

(1975) JELR 44449 (SC)    

Supreme Court  ·  SC.60/1975 ·  18 Apr 1975 ·  Nigeria
 · 
Other Citations
OBIKOYA v. THE REG. OF COMPANIES & OFFICIAL RECEIVER OF POOL HOUSE GRP (1975) 4 S.C. (REPRINT) 23
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
counsel
order
jurisdiction
appeal
matter
section
court
high court
learned trial judge
manner
original action
decree no.
case
companies decree
federal revenue court
federal revenue court decree
grounds of appeal
learned judge
lower court
provisions of the federal revenue court decree
ruling of dosunmu
trial judge
argument of counsel
court action
court order
earlier legislation
exact copy
issue of general jurisdiction of the court
issue of jurisdiction of the trial court
john griffitts cycle company
jurisdiction of the high court
lagos high court
learned counsel
liquidator of the respondent company
particulars of error
pleadings
provision
respect of an application
said decree
sanction of the court
simple matter
specific ground of appeal
specific pleading of the particular legislation
subject-matter of the present appeal
sufficient pleading
support of his submission
t. o. elias
trial court
view
view of the provisions of section

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…

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