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NOKIA WEST AFRICA (NIGERIA) LIMITED v. MR. WILLIAMS ORIOHA (A.K.A. 2SHOTZ)

(2016) JELR 37083 (CA)

Court of Appeal  •  CA/L/1015/2013  •  22 Mar 2016  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the ruling of HON. JUSTICE O. E. ABANG sitting at the Federal High Court, Lagos delivered on the 15th November, 2013 wherein the preliminary objection brought by the Appellant challenging the claim of the Respondent for non - disclosure of a cause of action was dismissed. The Appellant dissatisfied with the ruling filed a Notice of appeal dated 29th November, 2013 filed on the same date which was amended with leave of Court on the 11/5/2015 setting out 6 grounds of appeal.

The brief facts are that the Appellant filed a preliminary objection before the Lower Court challenging the Respondent's statement of claim on the ground that it did not disclose a cause of action by not particularizing the acts of the Appellant that constituted an infringement of the Respondent's copy right. The trial Court took the preliminary objection and dismissed it thus this appeal.

Appellant filed its brief of arguments dateā€¦

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