HOLBORN NIGERIA LTD
V.
O. C. CHRIS ENTERPRISES LTD

(2014) JELR 36288 (CA)

Court of Appeal 27 Jan 2014 Nigeria
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- This case involves an appeal from a ruling by the lower court correcting or amending its final judgment without prompting from the parties. - The respondent claimed various reliefs, including a declaration of the validity of a certificate

Case Details

Suit Number:CA/K/77/2009
Judges:DALHATU ADAMU Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Kayode Amodu Esq; and J. B. Majiyagbe Esq; For Appellant Gideon Uzu Esq; and C. Fakoya Esq; For Respondent

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): This appeal sprouted from the Ruling delivered by the lower Court on the 4th October, 2014 correcting or amending its final judgment delivered on the 13th October 2006 in some details without any prompting by the parties.

By the Amended Statement of Claim of the Respondent filed on 20/10/06, the Respondent claimed against the Appellant the following reliefs:

"a) A declaration that the Certificate of Registration of Design with Registration Number, 5528 dated the 15th September, 2003 issued by the Registrar of Patents and designs in the name of the Plaintiff, O. C. CHRIS ENTERPRISES NIGERIA LIMITED, is valid and subsisting and confers on the Plaintiff the Exclusive right to the use of the registered KAFAL RUBBER DESIGN for the Plaintiffs Textile products in Nigeria.

b) A declaration that the acts of the Defendant whether by itself, its subsidiary Companies, Directors, Officers, Agents, Servants and Privies or/and pe…

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