MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In Suit No. FHC/L/CS/1049/06, filed before the Federal High Court, Lagos, the 2nd and 3rd Respondent had claimed declaration, injunction and damages against the Appellant and the 1st Respondent for alleged infringement of the copy right to a musical work in respect of which they are assignee and holder and owner and assignee, respectively. Both Appellant; by way of preliminary objection dated 26th of June 2007, and the 1st Respondent; by a way of a motion on notice dated 23rd of April, 2007, challenged the jurisdiction of the Federal High Court (the trial Court after now) to entertain the suit. The Appellant's objection was predicated on the grounds that: -
"A. The Plaintiff is not a duly authorized collecting society in accordance with the Laws of the Federal Republic of Nigeria.)
B. The Plaintiff's action is illegal as it offends against the two provisions of the Copyright Act.
C. The Plaintiff's case lacks merit, is frivo…