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SUNDAY UZOKWE V. DENSY INDUSTRIES NIG. LTD & ANOR

(2002) JELR 42426 (SC)

Supreme Court  •  SC.134/1999  •  18 Jan 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; UMARU ATU KALGO JSC;

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division delivered on 7th July, 1998 allowing the appeal of the defendants who were appellants in that court. The plaintiff instituted an action in the Federal High Court, Enugu claiming against the defendants (respondents herein) jointly and severally as follows:

"1. N5,000,000.00 (Five Million Naira) being general damages for infringement of the Registered Design No. 4464.

2. Injunction restraining the defendants, whether acting by their agents, directors, officers, servants, privies and/or otherwise however from infringing the plaintiffs copyright in the Registered Design No. 4464."

The learned trial Judge awarded N10,000.00 damages against the defendants in favour of the plaintiff for infringement of the plaintiff's Design No. 4464. The defendants were dissatisfied with the judgment and appealed to the Court of Appeal, Enugu Division. Their appeal succeed…

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