Ratio DecidendiRatio DecidendiRatio Decidendi



STARCOLA (NIGERIA) LTD & ANOR.
V.
MADAM TAIBATU ADENIJI & ORS.

(1972) JELR 45190 (SC)    
Supreme Court  ·  SC.37/1971 ·  28 Jan 1972 ·  Nigeria
 · 
Other Citations
(1972) All N.L.R 52 (1972) 1 S.C. 140
CORAM
IAN LEWIS JSC CHARLES OLUSOJI MADARIKAN JSC ATANDA FATAYI-WILLIAMS JSC

Ratio Decidendi

Core Terms Beta
applicants
subscribers
section
2nd respondent
learned trial judge
companies decree
shares
company
originating summons
1st respondent
order
3rd applicants
memorandum of association
number of shares
rectification of the register
chief fani kayode
consequential order
high court
member of the company
alleged members
high court of lagos act
kazeem j.
memorandum of association of the said starcola
promoters of the said company
rules of the supreme court of england
absence of any such provisions
fact of any person
following basis
following terms
heading of the summons
i. lewis
joint promoters of the company
limited application
matter of section
matter of starcola
matter of the companies decree
member of that company
name of any person
names of the 1st-5th applicants
necessary registration of the proposed company
new company
order rectification of the register
original capital
prior agreement
provisions of section
register of members of a company
register of members of the said starcola
specified number
such rules
sufficient cause

I. LEWIS, J.S.C. (Delivering the Leading Judgment): In Suit No. M/135/70, the applicants took out an originating summons which according to the heading of the summons was on the following basis:

"IN THE MATTER OF THE COMPANIES DECREE, 1968

AND

IN THE MATTER OF SECTION 115 OF THE COMPANIES DECREE 1968

AND

IN THE MATTER OF STARCOLA (NIGERIA) LIMITED APPLICATION MADE UNDER:

(1) ORDER 102 RULES 3(1) AND 3(2) OF THE RULES OF THE SUPREME COURT OF ENGLAND.

(2) SECTION 12 OF THE HIGH COURT OF LAGOS ACT."

and sought in the originating summons itself the following reliefs:

"(a) For a declaration that the five applicants and the 2nd respondent are joint promoters of the company known as Starcola (Nigeria) Limited the 1st respondent herein.

(b) For a declaration that all the applicants are entitled to subscribe the memorandum of association of the said Starcola (Nigeria) Limited and are entitled jointly with the 2nd respondent to any benefit accruing or that may accrue to the promoters of …

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