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F. O. Ajibowo and Co. Ltd v. Western textiles Mills Ltd

(1976) JELR 33997 (SC)

Supreme Court  •  SC.302/75  •  2 Jul 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): The Plaintiffs, a limited liability company, are textile manufacturers at Ilupeju Industrial Estate in the Ilupeju district of Lagos. The Defendants are also a limited liability company. They deal in textile piece goods and have been the customers of the Plaintiffs since 1970.

After their incorporation on 15th November, 1972, the Defendants acquired all "the rights" benefit and title in respect of a textile check design known as K13/14 (Registration No. 000344). The design had been previously registered in the name of Francis Ajibowo and Co. who as issued with a certificate of registration by the Registrar of Patents and designs. The Certificate (Ex. 1) is dated 30th December, 1971.

Earlier, on 13th August, 1971, Francisl Ajibowo and Company (the Defendants predecessor in title of the design), by letter ordered some 10,000 yards of the design from the Plaintiffs. The letter (Ex. 2) reads

Dear Sir,

Booking 10,000 yards on a…

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