Ratio DecidendiRatio DecidendiRatio Decidendi



OLAGHERE
V.
P. P. & P. (NIG.) LTD

(2011) JELR 57860 (HC)    

High Court  ·  ID/853/2002 ·  21 Jun 2011 ·  Nigeria

Ratio Decidendi

Core Terms Beta
claimant
defendants
calendar
independent contractor
sandtex calendar
learned counsel
2nd defendants
statement of claim
cross-examination
witnesses
cover page
letter of apology
proper parties
use of the photograph
painting of the claimant
photograph of his house
third party
act of the agent
niyi osidele trading
1st defendant’s general manager
4th page of the sandtex calendar
averment of the claimant
case of a car
chief executive of the company
claimant claims
claimant witness
disclosed principal
family house
family residence
lagos state
limited liability company
monetary gain
own statement of defence
paragraphs a-c
part of the companies
personal friend
products of the 1st defendant
publication of the pictures of a house
reasonable cause of action
request of the claimant
said letter
said sandtex calendar
security of the claimant
state of facts
testimony of the witness
unauthorized illegal use of the photograph of his residence
unauthorized usage of the said photographs
use of his house
view of his job

JUSTICE Y. O. IDOWU (Delivering the Judgment): This suit was commenced by a writ of summons and statement of claim dated 25 March 2002. The claimant is claiming;

1. An order that the defendants withdraw or cause to be withdrawn from circulation within and outside Nigeria all the printed and distributed Sandtex 2002 calenders.

Alternatively

The defendants should be ordered jointly/or severallynto publish a letter of apology to the plaintiff, the content of which must be approved by his solicitor in a widely circulated and read daily newspaper.

2. The payment of the sum of ₦100 million (one hundred million naira only) as aggravated and/or exemplary damages against the defendants"

The claimant averred that on 24 January 2002, a personal friend of his called his attention to the year 2002 calendar of the 1st and 2nd defendants known and referred to as the “2002 Sandtex calendar” in which he discovered the following:

That the photographs of his personal and family residence known as No. 46,…

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