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LITERAMED PUBLICATIONS LIMITED v. MARIE AKPENYI

(2014) JELR 36318 (CA)

Court of Appeal  •  CA/L/518/2010  •  4 Dec 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; A. OSARUGUE OBASEKI ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellant against the judgment of the Federal High Court in the Lagos Judicial Division before the Honourable Justice Dan Abutu, delivered on the 24th July, 2009.

The action was instituted in 2002 and Judgment delivered by the lower Court to be set aside on 24th July, 2009.

In the lower Court, the Plaintiff (the Respondent) claimed against the Defendant (the Appellant) for:

a) A Declaration that the removal of the Plaintiffs name from the new Edition by a letter dated 25th April, 2002 by Defendant is ultra vires her powers, unconstitutional, null and void.

b) A Declaration that the Plaintiff is still the owner of the New Edition of "FRENCH FOR BEGINNERS" and that she is entitled to have her full Royalty and share of profit as per the New Edition.

c) The sum of N50 Million (Fifty Million Naira) being Damages for Breach of contract by the Defendant and General Damages suffered by the Plaintiff as a resul…

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