SOCIETY BIC S. A. COMPAGINE MOULAGES NIGERIA BALL POINT PEN IND. LTD V. CHARZIN INDUSTRIES LTD

NWGUTA JSC (Delivering the Lead Judgment): Before the High Court of Justice of Lagos State, Lagos Judicial Division, the plaintiff, now respondent, claimed against the defendants, now appellants, as follows:

“(a) The sum of ₦10,000,000.00 (ten million naira) as damages for injury suffered by reason of the libel on the plaintiff’s “Charzin” Ball Point Pens contained in the advertisements the defendants published and caused to be published in the issues of the “Vanguard Newspaper” of August 18, 1995 on page 10 and the Daily Times Newspaper of November 13, 1995 on page 4. A perpetual injunction restraining the defendants and each of them whether by themselves or by their servants or agents from further printing, issuing, publishing or circulating or causing to be printed, issued, published or any other similar libel affecting die plaintiff.” The plaintiff filed its statement of claim along with the writ of summons.

Upon service on them of the writ and statement of claim, the defendants (…