CORAM
MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
UWANI MUSA ABBA AJI
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
PARTIES
IYKE MEDICAL MERCHANDISE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff(Appellant) instituted an action in tort against the defendant(respondent) for infringing on its trademark Combatrin Plus. Praying the court for passing off, or causing or assisting others to enable them pass of the defendant’s infringing -products Combinterin, destruction of the infringing products and damages for the loss on its account or profit occasioned as a result of the infringement .?
HELD
That an unincorporated business enterprise can be sued eo lomine without the need to first ascertain the nature of its ownership and that since the available evidence connect the Appellant as the person trading as Iyke Merchandise he can be so sued , hence service of the court process on him was not inappropriate in the circumstance.
ISSUES
(1) Whether the Court of Appeal was right in holding that Ethel Okonkwo is the person carrying on business as IYKE MEDICAL MERCHANDISE and Order 13 Rule 42 of the High Court (Civil Procedure) Rules of Lagos State 1972 applied in the circumstances.(2) Whether the entry of appearance without more is a waiver by Ethel Okonkwo of his right to object to the service of Court processes on him and the constitution of the action as to proper parties to the suit.”?
RATIONES DECIDENDI
SERVICE OF PROCESS ON BUSINESS ENTERPRISES
It is enough to effect service on a person having de facto control or management of a business using a business name and at the principal place of business. PER Uwaifo JSC
CASES CITED
Fawehinmi v. Nigerian Bar Association (No. 2) (1989) 2 NWLR (Pt. 105) 558Clark v. Cullen (1882) 9 Q.B.D 355. Jackson v. Litchfield (1882) 8 Q.B.D. 474,Seal & Edgelow v. Kingston (1908) 2 K.B. 579.Laibru Ltd. v. Building and Civil Engineering Contractors (1962) 2 SCNLR 118Mason v. Mogridge (1892) 8 T.L.R. 805?
STATUTES REFERRED TO
High court of Lagos State Civil Procedure Rules 1972Companies And Allied Matters Act 1990Supreme Court of England Rules1965 ( as amended)Federal High Court Act 1973