Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 38897 (CA)    

Court of Appeal  ·  CA/IL/13/2007 ·  13 Apr 2011 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria IGNATUS IGWE AGUBE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
lower court
abuse of court process
learned trial judge
evidence act
federal high court
originating summons
paras e
respondent counsel
suit no. fhc
notice of preliminary objection
trial court
reasonable cause of action
uncertified public documents
appellant's suit
control act cap n1
leading judgment
learned judge
powers of the defendant
support of the originating summons
view of the settled position of law
abuse of process of this honourable court
court of the much needed jurisdiction
determination of the following question
due process of law
exhibits ndc-1
face of the affidavit
facts of this case
federal high court ilorin
grounds of objection
judicial notice of the proceedings
jurisdiction of the lower court
kwara state
memory of the ilorin federal high court
notice of appeal
opinion of the respondent counsel
pass judgment
process of its production
respect of a matter
said trade mark ariel
subsistence of suit no. fhc
subsistence of the said case
subsisting case
ultra vires
virtue of section
way of an originating summons

SOTONYE DENTON WEST, JCA(Delivering the Leading Judgment): This is an appeal against the ruling of Chukwurah Nnamani J of blessed memory of the Ilorin Federal High Court delivered on Tuesday the 7th day of March, 2006 in which the trial court upheld the respondent's preliminary objection and dismissed the appellant's suit on all grounds of objection.

The Appellant was the plaintiff in the trial court who approached the Federal High Court Ilorin, via an originating summons, and he sought for the determination of the following question:

1. Having regards to the functions and powers of the defendant under and by virtue of section 5 of the National Agency for Food and Drug Administration and Control Act CAP N1, LFN, 2004, whether or not the defendant has jurisdiction to enter, adjudicate or pass judgment on the plaintiff in respect of a matter which the defendant has described as that of a "pass off",

2. Assuming without conceding that the plaintiff's use of the "packaging material/label"…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login