The appellant’s claim at the Ogun State High Court was for:

The appellant’s case was that sometime in July, 1991 it made room reservations with the 1st respondent at its Gateway International Hotels Ota for its members of staff who were scheduled to attend various courses and seminars to be hosted at the hotel at different times. The appellant accordingly deposited the sum of N762, 450.00 with the 1st respondent for that purpose. The appellant staff stayed in the 1st respondent hotel from the 8th – 20th September, 1991 during which period only a total of N313, 665.43K was utilized out of the deposit of N72, 450.00K.s-

The 1st respondent’s case was that at all times material to the appellant’s claim, the managing company of the hotel complex was Prudent Property and Investment Company Limited which operated the hotel complex without any external control and under the name and style of Gateway International Hotel. The 1st respondent maintained that there was and there is no contractual relationship with any outstanding obligations between the appellants and the 1st respondent and or Gateway Hotel, Ota. It therefore contended that the appellant’s action disclosed no reasonable cause of action against the 1st respondent.

Pleadings were settled. Thereafter the appellant filed an application for an order joining the Attorney General of Ogun State as second defendant. The 1st respondent also filed an application wherein it sought among other reliefs an order striking out the 1st respondent’s name on the ground of misjoinder and another order dismissing the action on the ground that no reasonable cause of action was disclosed against the 1st respondents.

The trial court took both motions. It refused the joinder of the Attorney General and dismissed the appellant’s action as disclosing no reasonable cause of action against the 1st respondent’s.