DENSY INDUSTRIES NIGERIA LTD.
V.
UZOKWE

(1998) JELR 45683 (CA)    

Court of Appeal  ·  CA/E/225M/94 ·  26 Nov 1998 ·  Nigeria
 · 
Other Citations
Densy Ind. (Nig.) Ltd. Uzokwe (1999) 2 NWLR (Pt.591) pg.392
CORAM
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
counsel
design
evidence
design no.4464
industrial design
earlier design
learned trial judge
date of application
prior use
evidence of pw1
means of description
trial judge
design act
lower court
similar products
view of the overwhelming evidence
careful consideration of the evidence
case law
case of the appellant
comparison of the design of prior use
conclusive evidence of prior use of design
credible evidence
designs act cap
factual aspect
failure of the plaintiff
finding s of the learned trial judge
findings of the trial judge
first arm
judicial proceedings
last paragraph of the judgment
laws of the federation
leave of court
legal capacity
matter of substantive law
mere production of documents of importation
mere trade
mr. o. oyewole
overwhelming evidence
predicament of the learned trial judge
production of exhibits 3a
provisions of section
public order
recent book
rectification of the register of designs
registered owner of an industrial design
registered owner of exhibit
registration no.4464
requirements of section
role of a made bearer
submissions of the learned counsel

TOBI, J.C.A. (Delivering the Leading Judgment) This matter has to do with a design. It bears registration No.4464. The appellant, as plaintiff, asked for two declarations in the lower court: (1) That the 1st defendant (now respondent) has not acquired any exclusive privileges or rights in Nigeria in the design. (2) That the design is invalid being neither new nor original and rectification of the register of designs by the 2nd defendant.

After hearing evidence from the parties, the learned trial Judge dismissed the case of the appellant. He said in the last paragraph of the judgment:

"After a careful consideration of the evidence adduced, the submissions of the learned counsel for both sides and the case law I have come to the conclusion that the failure of the plaintiff to tender the industrial design applied in the production of Exhibits 3A and 3B is fatal to its case. The plaintiff has therefore not proved that the 1st defendant's registered design No.4464 is not new. Consequently …

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