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VISAFONE COMMUNICATIONS LIMITED v. MUSICAL COPYRIGHT SOCIETY OF NIGERIA (LTD/GTE) & ANOR

(2011) JELR 47093 (CA)

Court of Appeal  •  CA/L/494/09  •  1 Jul 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADAMU JAURO JCA; RITA NOSAKHARE PEMU JCA;

Judgement

ADAMU JAURO, JCA: (Delivering the Leading Judgment): The appeal herein emanated from the proceedings of 6th April, 2009 before the Federal High Court Lagos, coram, Archibong J

The facts culminating in this appeal are straightforward and simple, a concise summary is hereby made as follows. The respondents as plaintiffs instituted the action in the court below by writ of summons dated 26th May, 2008, alleging infringement of their copyright. The respondents prayed the court in their statement of claim of same date, for a "declaration that the public use and authoritation of the musical works "La Bamba, Ijoya, and Ninja Bike by the defendant without the knowledge, licence and or consent of the plaintiffs is wrong and unlawful." The aforementioned relief was followed by injunctive reliefs and damages.

After entering appearance and filing its statement of defence, the appellant filed a notice of preliminary objection dated 28th October, 2008. The preliminary objection sought for the dismis…

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