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AREWA TEXTILES PLC & ORS V. FINETEX LIMITED

(2002) JELR 47621 (CA)

Court of Appeal  •  CA/K/194/2000  •  12 Nov 2002  •  Nigeria

Coram
ISA AYO SALAMI JCA MAHMUD MOHAMMED JCA DALHATU ADAMU JCA

Judgement

SALAMI, J.C.A. (Delivering the Leading Judgment): In the Federal High Court, sitting in Kaduna, the plaintiff instituted an action for infringement of its registered patent RP 12024 in respect of a "method and apparatus" of producing textile material, claiming two declaratory reliefs, a perpetual injunction and general damages against the defendants jointly and severally for the alleged infringement of its patent. It sought general damages of N50,000,000 from the first defendant and N 10,000,000.00 from each of the second to the fourth defendants.

Pleadings which were ordered and exchanged were settled at a statement of claim and an amended statement of defence. The plaintiff called two witnesses in support of his claim while the defendants called only one witness. Learned counsel for both parties addressed court in writing. The learned trial Judge, in a reserved and considered judgment, acceded to all the reliefs claimed in the plaintiffs' claim including monetary award of N5,000,00…

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