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MR. BAYO ADEGBOLA V. INSIGHT COMMUNICATION LTD STARCOMS LTD DAAR COMMUNICATIONS PLC PRIMETIME ENTERTAINMENT LTD

(2016) JELR 53628 (CA)

Court of Appeal  •  CA/L/1007/2013  •  24 Nov 2016  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA (Presided and Read the Lead Judgment) SIDI DAUDA BAGE JCA UGOCHUKWU ANTHONY OGAKWU JCA

Appearances
O. F. Osineye (Mrs.) - for the Appellant. -*- Kayode Ajekigbe (with him, Kingsley Ajogun and O. -*- Ajamobi) - for the 1st Respondent . -*- Shaubu Alaran (with him, M. T. Usman) - for the 2nd Respondent. -*- K. N. Ndukwu - for the 3rd Respondent. -*- Kelechi Alamah - for the 4th Respondent.

Judgement

GARBA JCA (Delivering the Lead Judgment): In a judgement delivered on 2 May 2013, the High Court of Lagos state sitting at Ikeja, had dismissed the appellant’s suit No. ID/1170/08 against the respondents, for failure of proof. The claims by the appellant were as follows:-

“1. Declaration that the acts of the 1st and 2nd defendants in causing and or authorizing the broadcast of the Starcomms Master TV brand Commercial which featured the appellant as a model, outside the agreed duration of the advert without the claimant’s consent is wrongful and constitutes a breach of the agreement between the claimant and the 1st and 2nd defendants in respect of the said TV Commercial. Declaration that the 3rd and 4th defendants act of A broadcasting the Starcomms master brand TV Commercial which featured the appellant as a model outside the agreed duration of the advert without the claimant’s consent is wrongful and constitutes a breach of the claimant’s right. A sum of N25,000,000.00 (twenty five …

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