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ABALAKA & ANOR.
V.
PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & ORS.

(2011) JELR 39664 (CA)

Court of Appeal 24 Feb 2011 Nigeria
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- This is an appeal against the ruling of the Federal High Court in a case involving the ban or suspension of an HIV vaccine invented by Dr. Jeremiah Abalaka. - The Appellants claimed that the ban violated a patent granted to Dr. Abalaka an

Case Details

Suit Number:CA/A/80/2003
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Counsel:M. P. D. ABALAKA For Appellant MR. KOLAPO for the 1st & 2nd Respondents.B. J. AKOMOLAFE for the 3rd Respondent with him are ABIOLA O. LITAN (MRS) AND TAYO AKINMUWAGUN (MISS) For Respondent

JIMI OLUKAYODE BADA, J.C.A: (Delivering the leading Judgment): This is an appeal against the Ruling of the Federal High Court, Abuja in Suit No:- FHC/ABJ/CS/236/2000 delivered on the 22nd day of January 2003.

The Appellants as Plaintiffs by an action commenced at the lower Court claimed against the 1st and 2nd Defendants now 1st and 2nd Respondents as follows:-

"(a) A declaration that the ban or suspension of the use of the HIV vaccine uniquely invented by Dr. Jeremiah O. Abalaka, a registered Medical Practitioner, a Surgeon and the Chief Consultant of Medicrest Specialist Hospital Ltd, Gwagwalada, Abuja by the President Federal Republic of Nigeria on 20th of July 2000 is illegal, null and void and of no effect in that the ban or suspense on violates the Patent No. RP13567 dated the 22/7/99 granted to Dr, Jeremiah Ojonemi Alabi Abalaka by the Registrar of Patents and Designs pursuant to the Patent's Act Cap 344, Laws of the Federation of Nigeria, 1990 which is an existing law pursuant…

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