OKOLUDO CHIBUZO & ORS VS DAVID OKOYE & ORS
August 15, 2025M.J. EKA-ETEH VS NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD. & ANOR
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 91218
In the Supreme Court of Nigeria
Fri Jun 8, 1973
Suit Number: SC. 77/1971
CORAM
ELIAS, JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
BELLO, JUSTICE, SUPREME COURT
PARTIES
GRESHAM LIFE ASSURANCE SOCIETY (NIG.) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial Court dismissed the petition of the petitioners (appellants) for a winding -up order under the supervision of the court in accordance with the provision of the Companies Decree No. 51 of 1968.
HELD
The Supreme Court held that it would be inequitable to grant the petition since the appellants would thus be enabled to obtain a stay of execution of the proceedings in respect of the objectors claim for breach of contract which is still pending in court.
ISSUES
None
RATIONES DECIDENDI
JURISDICTION OF COURT IN FOREIGN COMPANY TRANSACTING BUSINESS BY AGENTS
Clear distinction is to be drawn between a foreign company transacting business by agents and such a company transacting business through agents in Nigeria. In the latter case a Nigerian court has no jurisdiction to entertain a winding up petition by such a company.” Per ELIAS, CJN
CASES CITED
In Re Lalandi (1933) p. 56
STATUTES REFERRED TO
The Companies Decree No. 51 of 1968.
