RITA NOSAKHARE PEMU JCA (Delivering the Leading Judgment): This is an Appeal against the ruling of the Honourable Justice S.I. Shuiabu of the Federal High Court, Lagos Division in Suit No. FHC/L/CS/610/05 delivered on the 7th of June 2006, striking out the entire suit on the ground that the court lacked the jurisdiction to entertain and determine the Plaintiff's claim. The Plaintiff (now Appellant) claims against the Respondent (now Defendant).
The circumstances necessitating this Appeal can be aptly put as follows:
By Writ of Summons dated 23rd June 2005, the Appellant initiated a suit against the Respondent at the Federal High Court, Lagos, which Writ of Summons was filed along with a motion ex-parte as well as a Motion on Notice. A Statement of Claim was also filed on that date; and in its paragraph 27, the Plaintiff (now Appellant) had sought the following reliefs inter alia:
(i) A DECLARATION that the Plaintiff as owner of the copyright stated herein is the only person (either by …