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Ingra v. Frixoz Costas Meimaridis, Civ. Case 95-D-67, 6/6/68, Hamlyn J.



Ingra v. Frixoz Costas Meimaridis, Civ. Case 95-D-67, 6/6/68, Hamlyn J.

This is an application for relief under the Business Names Ordinance, section 15, for failure to register in accordance with provisions of the Ordinance. Plaintiff had filed a contract action and defendants claimed that it was not maintainable because of the plaintiff’s failure to register. Plaintiff registered two months later, after learning of his oversight from defendants’ pleadings.

            Held: (1) Plaintiff is entitled to relief because his non-registration was “accidental, or due to inadvertence” [Business Names Ordinance, s. 15(a)], and the two-month delay after learning of his mistake did not indicate otherwise. (2) Although relief will not be granted under section 15 of the Ordinance if it would prejudice defendants, they must show that they would not have entered in to the contract with plaintiff if he had complied with the provisions of the Ordinance. [Citing Nandala v. Lyding (1963) E.A. 706]. As defendants submitted no evidence to that effect, the plaintiff’s prayer for relief is granted. 

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