ANTHONY NWACHUKWU VS THE STATE
May 30, 2025SENATOR RASHIDI ADEWOLU LADOJA V INDEPENDENT NATIONAL ELECTORAL COMMISSION
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 17150
In the Supreme Court of Nigeria
Fri Jul 13, 2007
Suit Number: SC. 176/2003
CORAM
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
AMINA ADAMU AUGIE JUSTICE, SUPREME COURT
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
PARTIES
OMNIA NIGERIA LIMITED. APPELLANTS
DYKTRADE LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff sought an Injunction to prevent the defendant/appellant from infringing their registered trademark. The claim was struck out but the Supreme Court ordered the suit re-listed for hearing. At the rehearing, the defendant/appellant filed a motion that the plaintiff had no locus standi and estoppel
HELD
The Apex Court held that the Federal High Court has jurisdiction over the matter, and that the subject matter of both suits was different so estoppel could not operate.
ISSUES
1. Whether the Federal High Court has jurisdiction to adjudicate over the claims brought before it by the plaintiff?2. Whether the decision of the Supreme Court in respect of the earlier interlocutory appeal in this suit (Dyketrade v. Omnia), operate as a bar against the entertainment by the Federal High Court, of the plaintiffs subsisting claim for infringement of trade mark?3. Whether the Federal High Court is precluded from recognizing the certificate of registration of the trade mark SUPER ROCKET under No.51136 pleaded in the statement of claim?”
RATIONES DECIDENDI
DOES THE FEDERAL HIGH COURT HAVE JURISDICTION ON COPYRIGHT, PATENTS
By virtue of Section 251 (1)(f) of the 1999 Constitution of the Federal Republic of Nigeria, the Federal High Court was conferred with exclusive jurisdiction in matters relating to any Federal enactment on copyright patent designs etc. – Per Mukhtar, JSC
PROOF OF ESTOPPEL
The cardinal principle of the law is that for issue estoppel per rem judicatem to operate and succeed the party relying on it must establish the following pre conditions:-
(i) That the parties or their privies in both earlier and instant case are the same.
(ii) That the judgment relied upon is valid, subsisting and final.
(iii) That the claim or issue in dispute in the proceedings are the same.
(iv)That the subject matter of the litigation in both cases is the same.
(v) That the court that decided the previous suit is a court of competent jurisdiction. Per Mukhtar, JSC
CASES CITED
1. Lahan v. Lajoyetan (1972) 6 SC 1902. Okukuje v. Akwido (2001) 3 NWLR (Pt.700) 261 (2001) 2 SCM 113
STATUTES REFERRED TO
The 1999 Constitution of the Federal Republic of Nigeria
