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KAYODE ANIBABA & ORS. V. HAKEEM OLATUNJI BADEJO

(2012) JELR 49322 (CA)

Court of Appeal  •  CA/L/114/2010  •  15 Jun 2012  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; IBRAHIM MOHAMMAD MUSA SAULAWA JCA; SIDI DAUDA BAGE JCA;

Judgement

I.M.M. SAULAWA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Lagos Judicial Division, which was delivered on May 26, 2009 by the Hon. Justice Lambo Akanbi in suit No. FHC/L/903/2001. By the ruling in question, the court below dismissed the Appellants' preliminary objection challenging the jurisdiction of the court to entertain the Respondent's suit. The preliminary objection was predicated upon the grounds that (i) the suit in question has not disclosed any reasonable cause of action against the Appellants; and (ii) the Respondent lacks the legal standing (locus standi) to institute the suit.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL:

By the statement of claim thereof, dated and filed on 26/10/2001,the Respondent has claimed a sole relief against the Appellants, viz:

The sum of ₦20,000,000.00 being damages for the unlawful infringement by the Defendants of the plaintiffs copyright in a literary work titled "PARKS AND CEM…

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