MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Anambra State delivered on 23/7/2013 by which the Court refused the appellants application for joinder as a respondent in a fundamental right (enforcement) proceedings instituted by V. O Nnadi against the respondents in this appeal. The appellant herein had instituted suit no FHC/EN/CS/243/2007 against Benjamin Okonkwo trading as Benjamino Ventures Nigeria and V. O Nnadi Investment Nigeria for the infringement of its registered trade mark for K.M.C MOTORCYCLE CHAIN and DEVICE. Judgment was entered in favour of the appellant. On 14th May, 2010, execution of the judgment was leveled against the 1st respondent at its various warehouses. The 1st respondent was not a party to suit no. FHC/EN/CS/243/2007. The 1st respondent through their counsel, Dr Chukwuemeka Anyogu wrote a petition to the chairman, EFCC against Benjamin Okonkwo and V. O Nnade (applicant in t…
K.M.C CHAIN IND. CO. (NIG) LTD
V.
AKEBONO IND. CO. (NIG) LTD & ORS
(2018) JELR 39500 (CA)
Court of Appeal 16 Mar 2018 Nigeria
BriefBot Summary
- The appellant, K.M.C. Chain Industrial Co. Nig. Ltd, sought to be joined as a respondent in fundamental rights enforcement proceedings instituted by V.O. Nnadi, after being judgment creditor in a prior trademark infringement suit (FHC/EN/
Case Details
Suit Number:CA/E/538/2013
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria
TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:U. O. Ukairo For Appellant
Nzeka Obiajulu (Company Secretary) for 1st RespondentE. Anikwuem, with him, E. Ozougwu for the 1st RespondentNo appearance for the 2nd, 3rd and 4th Respondents For Respondent
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