MICROSOFT CORPORATION
V.
FRANIKE ASSOCIATES LTD.

(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

CORAM

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

jurisdiction

court

record of appeal

section

appeal

brief of argument

federal high court

learned trial judge

entire suit

constitution of the federal republic of nigeria

honourable court

honourable trial judge

issue

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

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 …

MICROSOFT CORPORATION V. FRANIKE ASSOCIATES LTD.

MICROSOFT CORPORATION
V.
FRANIKE ASSOCIATES LTD.