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HOLBORN NIGERIA LIMITED V. O. C. CHRIS ENTERPRISES LIMITED

(2014) JELR 36288 (CA)

Court of Appeal  •  CA/K/77/2009  •  27 Jan 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; THERESA NGOLIKA ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): This appeal sprouted from the Ruling delivered by the lower Court on the 4th October, 2014 correcting or amending its final judgment delivered on the 13th October 2006 in some details without any prompting by the parties.

By the Amended Statement of Claim of the Respondent filed on 20/10/06, the Respondent claimed against the Appellant the following reliefs:

"a) A declaration that the Certificate of Registration of Design with Registration Number, 5528 dated the 15th September, 2003 issued by the Registrar of Patents and designs in the name of the Plaintiff, O. C. CHRIS ENTERPRISES NIGERIA LIMITED, is valid and subsisting and confers on the Plaintiff the Exclusive right to the use of the registered KAFAL RUBBER DESIGN for the Plaintiffs Textile products in Nigeria.

b) A declaration that the acts of the Defendant whether by itself, its subsidiary Companies, Directors, Officers, Agents, Servants and Privies or/and pe…

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