RULING OF THE COURT
It is common factor that the first step in forming a company is to decide on a suitable name. Like a natural person, a distinct name is important in identifying a juridical person, hence the requirement in section 13 (2) (a) of the Companies Act, that an application for incorporation must state the company’s proposed name. Unlike a natural person’s name a company's name is an important asset, being one of a company’s distinct features which, together with others make it a unique entity. The High Court of Justice case of Aerators Ltd v. Tollit and Others (1902) 2 Ch 319 illustrates this distinction very well. The plaintiffs, Aerators Ltd, commenced an action to restrain the defendants from registering a company under the name of the Automatic Aerator Patents Ltd, arguing that the name selected by the defendants so closely resembles their own name as to be calculated to deceive. In dismissing the action and to the extent relevant for our purpose in this application, F…