COLE V. MATTINS & ANOR.

• Pages: 120-124

120

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NIGERIAN SUPREME COURT CASES

[1968] N.S.C.C.

COLE V. MATTINS & ANOR.

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5

AUGUSTA COLE

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APPELLANT

V

SERGIUS OLATUNJI MATTINS

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AND ANOR.

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RESPONDENTS

SUIT NO. SC 238/66

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

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MADARIKAN,

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J.S.C.

26th April, 1968.

Practice and Procedure - Appeal - Notice of Appeal to High Court signed in

name "Lardner and Co." - Registered business name - 13'7:ether sufficient

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compliance with rule 4 of Registration of Titles (Appeals) Rules for legal

practitioner practising alone to sign in registered business name.

Words and Phrases- "Legal Practitioner".

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ISSUES:

1.

Whether it is proper for a legal practitioner practicing alone, to sign his

registered business on an application to register property, under rule H of the

Registration of Titles (Appeals) Rules.

2.

What is the effect of registering a business name under the Registration of

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Business Names Act, 1961.

FACTS:

The applicant applied to the Assistant Registrar of Titles to register property in

Surulere, Lagos, which application was dismissed, and the applicant appealed to

the Lagos High Court under section 98 of the Registration of Titles Act. The judge

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dismissed the appeal on the ground tht the appeal notice and grounds were signed

by a firm of solicitors known as "Lardner and Company", and such signature

amounted to non-compliance with Order 3 rule 2 of the High Court of Lagos (Ap-

peal Rules). The applicant appealed against this decision to the Supreme Court.

HELD:

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1 Having regard to the context of rule 4 of the Registration of Titles (Appeals)

Rules, the purpose of which on this issue, is to ensure that the name of the legal

practitioner giving notice of appeal and representing the appellant is clearly

known, then it is a sufficient compliance with the requirement for a legal

practitioner to sign and give his name, if a legal practitioner practicing alone

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gives the name under which he is registered as a business name, as this can

only refer and apply to the legal practitioner who so holds himself out as

practising under the business name. No possible doubt or confusion can

therefore arise in these circumstances.

2. The effect of registering a business name under the Registration of Business

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Names Act, 1961. is that where only one person constitutes that business it is

correct to describe that person as in the terms of the registered business name.

In other words Lardner & Co. here referred solely to Mr. H. A. Lardner.