Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ANIBABA & ORS.
V.
BADEJO

(2012) JELR 49322 (CA)    

Court of Appeal  ·  CA/L/114/2010 ·  15 Jun 2012 ·  Nigeria
CORAM
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMAD MUSA SAULAWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
court
preliminary objection
issues
statement of claim
case
issue no.
locus standi
reasonable cause of action
lagos state
literary work
notice of appeal
learned trial judge
instant case
lower court
civil rights
supreme court
1st appellant
hon. justice lambo akanbi
honorable court
jurisdiction of the court
ruling of the federal high court
ruling of the lower court
secretary assemblies of god mission
abuse of the court process
ag anambra state v
bello jsc
civil servant
copyright act cap
defendants of the plaintiffs copyright
face of the plaintiffs statement of claim
honourable court
interlocutory applications
leading judgment
learned counsel
light of the above postulation
lord denning
merit of the case
motion of preliminary objection
per uwais
record of appeal
respondent claims
respondent further claims
submitted inter alia
suit no. fhc
trial judge
unlawful infringement

I.M.M. SAULAWA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Lagos Judicial Division, which was delivered on May 26, 2009 by the Hon. Justice Lambo Akanbi in suit No. FHC/L/903/2001. By the ruling in question, the court below dismissed the Appellants' preliminary objection challenging the jurisdiction of the court to entertain the Respondent's suit. The preliminary objection was predicated upon the grounds that (i) the suit in question has not disclosed any reasonable cause of action against the Appellants; and (ii) the Respondent lacks the legal standing (locus standi) to institute the suit.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL:

By the statement of claim thereof, dated and filed on 26/10/2001,the Respondent has claimed a sole relief against the Appellants, viz:

The sum of ₦20,000,000.00 being damages for the unlawful infringement by the Defendants of the plaintiffs copyright in a literary work titled "PARKS AND CEM…

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