[1] The main application in this suit was originally filed by the 1st petitioner under s 308(5) of the Companies Act 1965 to have the name of the company restored to the register. The name of the company has been struck off the register by the SSM on 25 February 2011 upon the publication of the striking off in the Federal Gazette dated the same day. Pursuant to s 308(4), upon the publication of the notice of the striking off, the company "shall be dissolved".

[2] An oral amendment to add the name of the 2nd petitioner was allowed by this court, and that corrected the initial flaw in the application. The company itself, being struck off the register and dissolved, could not therefore be the proper party to file this petition, but the 2nd petitioner as a contributory and director, could.

[3] Section 308 (5) allows "any person [who] feels aggrieved by the name of the company having been struck off the register" to make an application at any time within 15 years after the striking off for an order of the court to have the name of the comp