Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



PFIZER SPECIALTIES LTD.
V.
CHYZOB PHARMACY LTD. & ORS.

(2006) JELR 46014 (CA)    

Court of Appeal  ·  CA/L/282/2001 ·  25 May 2006 ·  Nigeria
CORAM
DALHATU ADAMU JCA MOHAMMED LAWAL GARBA JCA SOTONYE DENTON WEST JCA

Ratio Decidendi

Core Terms Beta
counsel
reasonable cause of action
3rd respondent
learned trial judge
locus standi
statement of claim
1st respondent
interlocutory injunction
parallel importation
parallel import viagra tablets
issue of interlocutory injunction
legal capacity
claim of the plaintiff
notice of appeal
principle of law
rules of this court
cause of action
grounds of appeal
plaintiffs
provisions of the drugs
respondent
serious issue
tort of unlawful interference
act of parallel importation
aforesaid parallel import viagra tablets
business interest
cases of saraki v
claims of the plaintiff
common knowledge
consideration of the facts
consideration of the plaintiff
consideration of the submissions of counsel
constitution of nigeria
court finds
first issue
legal parlance
only registered version
respect of a breach of duty
respect of ground no. vii
respondents of drugs
ruling of the federal high court
said ground
suit no. fhc
tablet form
trade marks infringement
unauthorized person carries

M. L. GARBA, J.C.A. (Delivering the Leading Judgment): This appeal relates to the ruling of the Federal High Court, Lagos in Suit No. FHC/L/CS/1318/99 which was delivered on the 13/2/2001. The ruling struck out the Appellants' claims as Plaintiffs on the grounds that:- (i) the Plaintiff lacked the locus standi to institute the action, (ii) that the Statement of Claim did not disclose a reasonable cause of action and (iii) that court lacked jurisdiction to entertain the claims of the Plaintiff.

Being dissatisfied and aggrieved by that decision, the Appellant made for this court to register and ventilate his complaints against it. A notice of appeal was dated and filed on the 12/3/2001 in accordance, with the law and Rules of this court containing seven (7) grounds of appeal by learned Counsel for the Appellant. Devoid of the particulars, (which I would set out later on in respect of ground No. VII to which objection was made), the grounds are as follows:-

"(i) The learned trial judge …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login