Lagos Chamber Of Commerce (Inc.) V. Registrar Of Companies & Anor (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Companies Ordinance (Cap. 38), sec/ton 9 (1) (6)—Registration—Name calculated to deceive—”Chamber of Commerce” a description.

Facts

The Lagos Chamber of Commerce (Inc.) sued for an injunction to restrain the Registrar of Companies from registering the second respondents under the new name of “African Chamber of Commerce”, alleging that Lagos being in Africa this new name was calculated to deceive firms abroad who from time to time make trade enquiries through the Lagos Chamber of Commerce.

The Registrar of Companies argued that the words “Chamber of Commerce ” were a generic designation for particular bodies of persons and could not be claimed exclusively by one body, and ” African ” did not so nearly resemble “Lagos” as to be calculated to deceive.

The trial Judge refused the injunction sought, and the Lagos Chamber of Commerce appealed.

Held

The words “Chamber of Commerce” are universally used to describe an organisation to promote commerce, and a monopoly in those words cannot be claimed. The addition of the word “African” ought to be sufficient to distinguish the “Lagos Chamber of Commerce” from the “African Chamber of Commerce”.

Appeal dismissed.