Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 45963 (CA)    
Court of Appeal  ·  CA/L/589/2006 ·  13 May 2011 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
locus standi
learned trial judge
special power of attorney
attorney of shanghai light industrial international
statement of claim
owner of the trade mark of the said polish
plaintiff claims
following reliefs
lude shoe polish
rights of the lude polish
learned counsel
reasonable cause of action
agent of a disclosed principal
power of attorney
5th issue
registered proprietor of the trade mark
following acts
abuse of the process of the court
supreme court decisions
corporation ltd.
donee of a power of attorney
above facts
lower court
senior counsel
contract agreement
honourable court lacks jurisdiction
joseph nahman
chinese law
chinese company
decision of superior courts
notice of appeal
personal capacity
lead judgment
civil rights
leading judgment
legal capacity
virtue of the power of attorney
further contention
most rev. timothy omotayo olufosoye
dictum of ejiwunmi jsc
lower price
judgment of the court of appeal
respect of the said issue
trial court
following facts

JOHN INYANG OKORO, JCA (Delivering the Leading Judgment): The Respondent, who was Plaintiff at the court below, has for years carried on business mainly as importer and marketer of general merchandise particularly Lude Shoe Polish having been appointed an exclusive distributor and Attorney of Shanghai Light Industrial International (Group) Corporation Limited, the manufacturer and owner of the trade mark of the said polish. The registered proprietor of the trade mark is a Chinese company while the Respondent is domiciled in Nigeria. The Respondent has a special Power of Attorney evidencing this transaction. It is the Respondent's case as shown in his statement of claim that sometime in March, 1999, it came to its knowledge that the Appellant and some others were selling and passing off Lude Shoe Polish not of the Respondent's distribution and not having any connection with the Respondent. Also, that the Appellant was selling at a lower price which led to substantial loss in the busine…

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