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VICTORY OGHENEKEVWE EMUEJERAROWHO v. ECOBANK LIMITED

(2018) JELR 38577 (CA)

Court of Appeal  •  CA/L/1089/2016  •  12 Jul 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment by the Federal High Court, sitting in Lagos (Lower Court), in the Appellant's Suit No: FHC/L/CS/959/2011 against the Respondent for damages for alleged infringement of his rights in using his photograph and modeling works to advertise its Automated Teller Machines (ATM) Services without authorization and consent. Dissatisfied that the suit was dismissed, the Appellant brought the appeal on six (6) grounds contained in the Notice of Appeal dated and filed on 24th August, 2016 from which the same number of issues are said to arise for decision by the Court in the Appellant's brief filed on the 20th July, 2017. The issues are:-

1. Whether the learned trial Judge was right when he held that there was nothing illegal or contrary to public policy in Exhibit B5, D2 and for holding so without resolving some vital issues placed before it by the Appellants, that the said exhibits are valid and sub…

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