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JOBELA NIG. ENTERPRISES LTD.
V.
KUPOLATI

(2005) JELR 57873 (HC)

High Court 8 Apr 2005 Nigeria
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- The defendants filed a preliminary objection seeking to have the case dismissed for lack of jurisdiction and incompetence. - The objection was based on several grounds, including that the defendants did not have a registered trademark for

Case Details

Suit Number:FHC/L/CS/1106/03
Counsel:Mr. B.A.M. Fashanu SAN (with him, Animashaun) - for the Plaintiff . Mr. Adegbola Abayomi - for the 1st - 3rd Defendants . -*- 4th Defendant not represented.

SHUAIBU J. (Delivering the Ruling): By notice of preliminary objection dated the 11th day of December, 2003, the 1st - 3rd defendants prays for:-

“1. An order striking out or dismissing this suit for want of jurisdiction and for being incompetent.

2. An order striking out and or dismissing this suit for lack of locus standi on the part of the plaintiff and for the entire action being an abuse of court process.

The grounds of the objection are as follows:-

i. The 1st and 2nd defendants have no registered trademark to Federation Weekly Law Reports.

ii. This action relates to complaint of infringement of a trademark or alleged registration of a trademark to Federation Weekly Law Reports by the registrar of trademarks when in fact there was no registration of such trademark.

iii. Infringement of a trademark or any cause of action whatsoever in respect thereof is in common law for tort and in respect of which the Federal High Court has no jurisdiction.

iv. The Trade Marks Act provides for a…

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