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COMPACT DISC TECHNOLOGIES LTD & ORS. v. MUSICAL COPYRIGHT SOCIETY OF NIGERIA GTD (MCSN)

(2010) JELR 33724 (CA)

Court of Appeal  •  CA/L/787/2008  •  17 Mar 2010  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

IBRAHIM M. M. SAULAWA, J.C.A. (DELIVERING THE LEADING JUDGMENT): The instant interlocutory appeal was filed by the Appellants against the ruling of the Federal High Court, Lagos Judicial Division holden at Lagos, which was delivered by the Honourable Justice J. E. Shakarho, J. on the 5th day of August, 2008, in Suit No. FHC/L/CS/713/2007, involving the parties herein.

It is discernible from the record of appeal, that the Respondent had filed a Writ of Summons and Statement of claim, on 2nd August, 2007 in the lower court, seeking various orders of declaration and perpetual injunction against the Appellants. By the statement of claim thereof, the Respondent has explicitly sought the following reliefs against the Appellants:

a. A DECLARATION that the acts of the Defendants without the authority or permission of the Plaintiff of importing, recording reproducing, distributing, offering for sale, communicating to the public and publicly performing or playing the said musical works an audio…

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