NIGERIAN COPYRIGHT COMMISSION AND OTHERS V MUSICAL COPYRIGHT SOCIETY OF NIGERIA LTD/GTE

BIOBELE ABRAHAM GEORGEWILL JCA: My lords, this appeal is predicated on the garnishee orders absolute made by the Federal High Court Lagos Division, Coram: Archibong J., on the application of the 1st - 5th Respondents for the enforcement of the judgment entered in their favor by the court below delivered on 25/7/2011 in Suit No. FHC/L/CS/35/2008: Musical Society of Nigeria Ltd/GTE and Ors V. Nigeria Copyright Commission and Ors. The Appellants had appealed both against the said judgment on which the garnishee orders absolute was made as well as garnishee orders absolute. It follows that the success or failure of the appeal against the said judgment would have a definitive effect on the outcome of this appeal in one way or the other.

The effect of the judgment in the appeal against the judgment of the court below if successful and allowed would have the effect of automatically rendering this appeal successful too since in law there can be no enforcement of non existing judgment. In other…