Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 45965 (CA)    
Court of Appeal  ·  CA/L/573/2008 ·  14 Jul 2011 ·  Nigeria
Other Citations
Microsoft Corp. v. Franike Asso. Ltd. (2012) 3 NWLR (Pt. 1287) 301
OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria IBRAHIM MUHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Editorial Summary
The appellants, who were the plaintiffs in the Federal High Court, instituted a suit against the defendants/respondents. Along with the writ of summons, the plaintiffs filed a motion ex parte seeking several reliefs, all of which were granted by the court. The defendant subsequently filed applications challenging the jurisdiction of the court and seeking a vacation of the orders earlier made. The applications were granted and the suit consequently struck out. the plaintiff appealed to the Court of Appeal in this appeal challenging the ruling of the Federal High Court. The ruling was upheld and appeal dismissed.
Core Terms Beta
record of appeal
brief of argument
federal high court
learned trial judge
entire suit
constitution of the federal republic of nigeria
honourable court
honourable trial judge
jurisdiction of the federal high court
inter alia
lower court
appellant's copyright
filing of a preliminary objection
ground of lack of proof
reciprocal protection of copyright laws
statement of claim
15th january
amended appellant's brief
clear provisions of sections
copies of the said microsoft
copyright of the plaintiff
federal enactment
following acts
foreign company
industrial designs
lack of jurisdiction
leading judgment
only person
owner of the copyright
plaintiff's claim
points of law
practice directions of this honourable court
record of appeal shows
restraining order
rita nosakhare pemu jca
said ruling
subject matter of the action
suit no. fhc
various orders
wide range of microsoft software

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 …

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