K.M.C CHAIN INDUSTRIAL COMPANY NIGERIA LIMITED V. AKEBONO INDUSTRIAL COMPANY NIGERIA LIMITED & ORS

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Anambra State delivered on 23/7/2013 by which the Court refused the appellants application for joinder as a respondent in a fundamental right (enforcement) proceedings instituted by V. O Nnadi against the respondents in this appeal. The appellant herein had instituted suit no FHC/EN/CS/243/2007 against Benjamin Okonkwo trading as Benjamino Ventures Nigeria and V. O Nnadi Investment Nigeria for the infringement of its registered trade mark for K.M.C MOTORCYCLE CHAIN and DEVICE. Judgment was entered in favour of the appellant. On 14th May, 2010, execution of the judgment was leveled against the 1st respondent at its various warehouses. The 1st respondent was not a party to suit no. FHC/EN/CS/243/2007. The 1st respondent through their counsel, Dr Chukwuemeka Anyogu wrote a petition to the chairman, EFCC against Benjamin Okonkwo and V. O Nnade (applicant in t…