Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AKUMA INDUSTRIES LTD & ORS
V.
AYMAN ENTERPRISES LTD

(1999) JELR 45749 (CA)    

Court of Appeal  ·  CA/L/62/97 ·  6 Jul 1999 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
defendants
plaintiff
order
new queen
trade mark
hair attachments
original queens
further order
lagos state
respondent
order forms
honourable court
learned trial judge
delivery orders
evidence of the fact of passing-off
1st defendant
anton pillar order
interlocutory application
leading judgment
passing-off
products of the plaintiff
bailiff of this honourable court
employee of the said firm of solicitors
goods of the plaintiff
said employee
service of the order of this honourable court
trial of this action
above principle of law
claims of the respondent
control of the 1st defendant
counsel enter
course of trade of the trade mark
following acts
interlocutory injunction
label design
motion exparte
order of this court
provisions of an order
raw materials
respect of an action
sanyanlu j. of the federal high court lagos
sells hair attachments
such package
true copies of all documents

PATS-ACHOLONU, JCA (Delivering the Leading Judgment): This is an appeal against the decision given by Sanyanlu J. of the Federal High Court Lagos in respect of an action instituted by the Plaintiff/Respondent. To fully understand the case picturesquely it is desirable and I dare say essential to put the claims of the Respondent. It claimed as follows:

"1. A perpetual injunction restraining the Defendants and each of those upon whose behalf the Defendants are sued, whether acting by themselves, their servants, assigns or privies or otherwise howsoever, from doing the following acts or any of them, that is to say:

(i) Passing-off or attempting to pass-off or causing, enabling or assisting others to pass-off Wigs and Hair attachments not of the Plaintiff's manufacture or merchandise as and for the goods of the Plaintiff by the use or in connection therewith in the course of trade of the Trade Mark "Original Queens" or adopting the distinctive Get-up, Logo, packaging or Label design, iden…

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