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EFFECT OF REGISTERING A BUSINESS NAME

Dictum

The case of Cole v. Martins (1968) All NLR 16 was determined in 1968 by this court. This court held that the effect of registering a business name under the registration of Business 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. That having regard to the context of rule 4 of the registration of titles (appeals) rule, purpose of which on this rule, is to ensure that the name of the legal practitioners 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, under which he is registered as a business name, as this can only refer and apply to the legal practitioner who so hold himself out as practicing under the business name. No possible doubt or confusion can therefore arise in these circumstances.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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MEANING OF TO CARRY ON BUSINESS IN NIGERIA

The lower court, in my view, got it right when it held at pages 170 -171 of the Record, to wit – “To carry on business means to conduct, prosecute or continue a particular vocation or business as a continuous operation as permanent occupation. The repetition of acts may be sufficient. It also means to hold oneself out to others as engaged in the selling of goods or services. See Black’s Law Dictionary 5th edition p. 194. See Black’s Law Dictionary 5th edition p. 194.”

— E. Eko, JSC. CITEC v. Edicomisa (2017) – SC. 163 2006

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