THE APPRENTICE AFRICA EXPERIENCE

Similar documents
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT ABUJA BEFORE HON. JUSTICE SYLVANUS C. ORIJI RULING

Local content provisions in mining contracts in francophone Western (and Central) Africa. Bruno Gay, Senior Associate, Herbert Smith Paris LLP

General Terms for Use Of The BBC Logo By Licensee Of Independent Producers

CHAPTER 6:05 STATE LIABILITY AND PROCEEDINGS ACT ARRANGEMENT OF SECTIONS PART I PART II

Federal High Court (Civil Procedure) Rules 2000

GHANA GHANA LITIGATION

Nigerian National Petroleum Corporation Act Chapter N123 Laws of the Federal Republic of Nigeria 2004

CHAPTER 77 THE GOVERNMENT PROCEEDINGS ACT. Arrangement of Sections.

NIGERIAN COLLEGE OF AVIATION TECHNOLOGY ACT

LIMITATION OF ACTIONS ACT

PROTOCOL OF THE COURT OF JUSTICE OF THE AFRICAN UNION

PROTOCOL OF THE COURT OF JUSTICE OF THE AFRICAN UNION

NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT

REPORT ON THE ELECTION OF THE FIFTEEN (15) MEMBERS OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN UNION

NIGERIAN PRESS COUNCIL ACT

National Insurance Corporation of Nigeria Act

Freeview LOCAL DIGITAL TELEVISION CHANNEL OPERATOR TRADE MARK LICENCE

U E R N T BERMUDA 1930 : 33 TABLE OF CONTENTS PART I - PRELIMINARY

Freeview CHANNEL OPERATOR TRADE MARK LICENCE FREEVIEW AND FREEVIEW PLAY. THIS LICENCE dated is made BETWEEN:

STATE PROCEEDINGS ACT

EMPLOYEES HOUSING SCHEMES (SPECIAL PROVISIONS) ACT

(2017) 3 Journal of the Mooting Society University of Lagos AGIP (NIG.) LTD V. AGIP PETROLI INT L (2010) 5NWLR PT. 1187

NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON) (ESTABLISHMENT) ACT, 2006

THE LAW OF LIMITATION ACT, 1971 PART I. Title PART II

Special Commission on the Recognition and Enforcement of Foreign Judgments (24-29 May 2018)

PARALLEL IMPORTS HOW TO MANAGE THE PROBLEM By: Olasupo Shasore SAN

SPONSORSHIP AGREEMENT

NIGERIAN TELEVISION AUTHORITY ACT

THE REGISTERED TRUSTEES OF IGBO COMMUNITY, OYO STATE v. CYRIL AKABUEZE AND TWO OTHERS HIGH COURT IBADAN OYO STATE

ICAO Regional FAL Seminar Cairo, Egypt February 2014

Capital Markets and Services (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Capital Markets and Services Act 2007.

SMALL AND MEDIUM SCALE ENTERPRISES DEVELOPMENT AGENCY OF NIGERIA ACT

NATIONAL OFFICE FOR TECHNOLOGY ACQUISITION AND PROMOTION ACT

NIGERIAN SHIPPERS' COUNCIL ACT

AFRICA LAW TODAY, Volume 4, Issue 4 (2012)

Elements and Entry into Force of the Yamoussoukro Decision

ASSOCIATION OF AFRICAN UNIVERSITIES BYELAWS

The Constitution of The Pan African Lawyers Union

as amended by ACT (Signed by the President on 4 September 1998) ARRANGEMENT OF SECTIONS

FREEVIEW RENTAL RETAILER TRADE MARK LICENCE. THIS LICENCE dated is made BETWEEN:

Act on the Civil Jurisdiction of Japan with respect to a Foreign State, etc.

APPLICABILITY TO SOUTH WEST AFRICA:

Freeview AERIAL INSTALLER TRADE MARK LICENCE CAI Registered Installers. THIS LICENCE dated is made BETWEEN:

Lagos International Trade Fair Complex Management Board Act CHAPTERL2 LAGOS INTERNATIONAL TRADE FAIR COMPLEX MANAGEMENT BOARD ACT

Trócaire General Terms and Conditions for Procurement

INTERNAL AUDIT DIVISION REPORT 2016/183

THIS CONSTITUTES AN APPLICATION TO DO BUSINESS WITH ONE OF THE FOLLOWING TRADING DIVISION OF ALLIED CHEMICAL & STEEL MOZAMBIQUE LDA

2002 Lexbahamas. All rights reserved. Site disclaimer applicable to this document.

COMMON TERMS AND CONDITIONS FOR CASH MANAGEMENT PRODUCTS & SERVICES

CHAPTER 107 CONTRIBUTORY NEGLIGENCE AND JOINT WRONGDOERS

ACE GLOBAL A Snapshot

The terms defined in this Article shall have the meanings ascribed to them herein whenever used in this Agreement :

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

FREEVIEW RETAILER TRADE MARK LICENCE (PRODUCTS, PC PRODUCTS and FREEVIEW COMPATIBLE PCs) THIS LICENCE dated is made BETWEEN:

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Once you have gathered all the information required please send to Key Travel s visa department

prototyped TEAM Inc. o/a MadeMill

NATIONAL THEATRE AND THE NATIONAL TROUPE OF NIGERIA BOARD ACT

DISTRIBUTION TERMS. In Relation To Structured Products

Bahamas Litigation Guide IBA Litigation Committee

FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2009 ARRANGEMENT OF RULES ORDER 1 REVOCATION, CITATION, SAVINGS, ETC.

Companies and Allied Matters Act Chapter C20 Laws of the Federal Republic of Nigeria Contents. Part A Companies. Corporate Affairs Commission

VOICE OF NIGERIA CORPORATION ACT

THE HINDUSTAN TRACTORS LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1978 ARRANGEMENT OF SECTIONS

LISTE RÉCAPITULATIVE COMMENTÉE DES QUESTIONS À ABORDER PAR LE GROUPE DE TRAVAIL SUR LA RECONNAISSANCE ET L EXÉCUTION DES JUGEMENTS TABLE PAR ARTICLES

NIGERIAN EXPORT PROMOTION COUNCIL ACT

TUI AIRLINES BELGIUM N.V. d/b/a JETAIRFLY

THE AFRICAN PEER REVIEW MECHANISM (APRM): its role in fostering the implementation of Sustainable development goals

~itf CROSS RIVER STATE OF NIGERIA

CHAPTER 60:02 TITLE TO LAND (PRESCRIPTION AND LIMITATION) ACT ARRANGEMENT OF SECTIONS

CARGO CHARTER GENERAL TERMS AND CONDITIONS

3. Avoidance of certain provisions in agreements. 9. Restriction on recovery of goods otherwise than by action.

NATIONAL AUTOMOTIVE COUNCIL ACT

Resolution adopted by the General Assembly on 2 December [on the report of the Sixth Committee (A/59/508)]

West African Institute for Oil Palm Research

EDUCATIONAL CORRESPONDENCE COLLEGES ACCREDITATION ACT

PART 24 INVESTMENT COMPANIES CHAPTER 1 Preliminary and interpretation Interpretation (Part 24)

REQUEST FOR EXPRESSIONS OF INTEREST AFRICAN DEVELOPMENT BANK MIGRATION AND DEVELOPMENT FUND

AFRICAN CIVIL AVIATION COMMISSION 30 th AFCAC PLENARY SESSION (LIVINGSTONE, ZAMBIA, 4 5 DECEMBER 2018)

ORDER GRANTING EXEMPTION AND TO SHOW CAUSE

Proposed Amendments to the Memorandum

African Partner Outbreak Response Alliance BYLAWS

NATIONAL SUGAR DEVELOPMENT COUNCIL ACT

Cambridge Assessment Admissions Testing Centre Agreement

SOFTWARE LICENCE. In this agreement the following expressions shall have the following meanings:

AFRICAN UNION ADVISORY BOARD ON CORRUPTION (AUABC) IN BRIEF. Published by

DECORATE YOUR SPACE! MAY 2012 WINNER ASSIGNMENT AND RELEASE

THE FIVE HUNDRED AND SEVENTY-FOURTH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED THE POLITICAL PARTIES ACT, 2000

Trade Marks Act* (Act No. 11 of 1955, as last amended by Act No. 31 of 1997) ARRANGEMENT OF SECTIONS

ELECTRONIC ARTS SOFTWARE END USER LICENSE AGREEMENT Mass Effect 3

AM) The Federal Military Government of the Federal Republic of NIGERIA,

Once you have gathered all the information required please send to Key Travel s visa department

The Africa Public Sector Human Resource Managers Network (APS-HRMnet): Constitution and Rules

Direct Phone Number: Last Name: Title: Alliance Primary Contact (if different than authorized signatory contact): First Name:

Goods Mortgages Bill

ELECTRONIC ARTS SOFTWARE END USER LICENSE AGREEMENT SYNDICATE

THE TOURISM AND TRAVEL OFFICES AND TOURIST GUIDES LAWS 1995 TO (No.2) of 2013

Client Order Routing Agreement Standard Terms and Conditions

HOPE CONSTRUCTION MATERIALS. General Conditions. of Contract for. the purchase and. supply of. goods, plant, and materials with services (UK only)

NIGERIAN Business and Tourist Visas

Transcription:

G.R.F. DALLEY & PARTNERS Newsletter Date 31.01.2010 Inside this issue: The Apprentice Africa Experience Malcolm Cohen of Stoy Hayward Losses battle against Afribank Establishing a foreign Airline in Nigeria The General Requirements. Announcements. 5 G.R.F. DALLEY & PARTNERS ADVISES ALI TALIA LINEE AEREE ITAL IANE ON DE REGISTERING ITS LOCAL BRANCH IN NIGERIA 1 2 3 4 4 THE APPRENTICE AFRICA EXPERIENCE In suit number FHC/L/CS/22/08 filed, on 10th January 2008, by one Jude Olotu against Platinum Habib Bank Plc, Storm Vision Limited and Mr Biodun Shobanjo the Plaintiff sought, before the Federal High Court of Nigeria (Lagos Division), the following reliefs: 1. A declaration that the theme and concept of The Apprentice Africa being sponsored and promoted by the Defendants is so similar in theme and concept to The Intern television reality show also sponsored/ promoted by the 1st Defendant that it constitutes an infringement of the theme and concept of the Plaintiff s copyright over the trademark The Intern. 2. A declaration that the them and concept of The Apprentice Africa is a breach of the trademark The Intern applied for by the Plaintiff and accepted in Nigeria under No. TP172746 in class 28 pursuant to which said trademark the television reality show The Intern was produced. 3. A declaration that the conduct of the Defendants with regards to their sponsorship/ promotion of The Apprentice Africa whilst the 1st Defendant is yet to reconcile issues with the Plaintiff regarding its sponsorship of The Intern amounts to breach of trust and or is tainted with fraud. 4. A perpetual injunction restraining the Defendants, their servants, agents, assigns, representatives, directors or privies and or any of them howsoever from doing the following acts or any of them namely, a. Infringing or assisting any other person to infringe the Plaintiff s copyright in the theme and concept of The Intern by adopting an identical or similar theme and concept and or any other feature of the Intern through its The Apprentice Africa show and programme and or The Intern television reality show produced in connection therewith, without the consent of the Plaintiff and on the terms prescribed by law. b. Passing off The Apprentice Africa show and or programme as if it is the Plaintiff s The Intern which has the concept of recognition and selection of intellectual/business/corporate prowess via contest/elimination by competition. c. Advertising, sponsoring or otherwise promoting by any medium whatsoever the The Apprentice Africa or any other show, cinematographic broadcast etc. in any way identical or similar in theme and concept and or any other feature to The Intern television reality show produced in connection therewith. d. Showing, broadcasting and or promoting The Apprentice Africa. e. An Order directing the 1st Defendant to forthwith render an account to the Plaintiff of its sponsorship, management and or dealings relating to The Intern and The Apprentice Africa with a view towards ascertaining sums due to

Page 2 THE APPRENTICE AFRICA EXPERIENCE the Plaintiff. f. The sum of =N=500, 000, 000.00 (Five Hundred Million Naira) as general damages against the Defendants for infringing the copyright in the theme and concept of the Plaintiff s trademark The Intern and The Intern television reality show produced in connection therewith. g. The sum of =N=5000, 000.00 (Five Million Naira) being costs of this suit. In addition, the Plaintiff s counsel filed the following somewhat frivolous applications: 1. Motion on Notice dated 8th January, 2008 seeking an Order of injunction prohibiting the Defendants from advertising, airing, sponsoring or promoting The Apprentice Africa. 2. Motion on Notice dated 28th February, 2008 seeking the leave of Court to amend the statement of claim. 3. Motion on Notice dated 28th February, 2008 for the committal of the Managing Director of Platinum Habib Bank, Storm Vision Limited and Mr Biodun Shobanjo alleging that there has been a disobedience of an Order of Court. 4. Motion on Notice dated 14th March, 2008 for an Order joining the Nigerian Television Authority (NTA), STV and Multi Choice Nigeria Limited as Defendants to the suit. Storm Vision Limited (the second defendant) had sometime in 2007 acquired the rights to air Nigeria s version of the apprentice africa, in Nigeria, and therefore engaged Bank Phb (the first defendant) as its key sponsor. Mr Biodun Shobanjo acted as Nigeria s equivalent of Donald Trump. A few weeks after the launch of apprentice africa (season one) the Plaintiff sought the aforementioned relief s alleging, in the main, that as proprietor and initiator of the intern show (an apprentice copy) the defendants had not only infringed his trade mark rights but also his copyrights. Incidentally prior to the launch, in Nigeria, of the apprentice Africa Bank Phb had supported, by way of sponsorship, season one of the intern show. The defendants Counsel in seeking an Order of dismissal of the Plaintiff s claims canvassed the following arguments: 1. The Federal High Court lacks the jurisdiction to entertain the issues in dispute in this suit on grounds that by virtue of sections 3 and 5 of Nigeria s Trade Mark Act the Honourable Courts power to entertain the key claims in the suit were ousted. Under the said sections particularly section 3 the plaintiff was not entitled to seek reliefs for infringement where he lacked the proprietorship of a registered Trade Mark. Under the statute the Courts are forbidden to entertain claims for infringement in respect of unregistered Trade Marks. 2. The Plaintiff lacked the requisite locus standi to institute this suit. Further to the arguments canvassed in paragraph 1 above the plaintiff was never at any time the owner of the Trade Mark Apprentice or Apprentice Africa nor was he the owner of the copyright in the show. Therefore his claim cannot be said to have disclosed any reasonable cause of action. 3. There is no privity of contract between the Plaintiff and the Defendants as the key subject matter in the suit is based on a Memorandum of Understanding between the Plaintiff and one Ofem Ekapong Ofem to which the Defendants were never parties, in any way. In light of the defendants application the plaintiff attempted to overreach by amending his statement of defence. The Court refused to amend and thereafter the plaintiff filed a Notice of Discontinuance dated 3 rd August, 2009 by which he withdrew all his claims against the Defendants and by Order of the Honourable Court dated 21 st October, 2009 the suit was duly struck out. Although the plaintiff withdrew the suit prior to the hearing of the objection these proceedings somewhat affirms the well established position set out in the cases of Patkun Industries Limited v Nigeria Shoes Manufacturing Co. Limited (1988) 5 N.W.L.R 138 and Aymen Enterprises Limited v Akume Industries Limited (2003) 12 N.W.L.R 22 wherein the Courts affirmed the position of section 3 of Nigeria Trade Marks Act which states that no person shall be entitled to commence proceedings to prevent or recover damages for the infringement of an unregistered Trade Mark.

Page 3 MALCOLM COHEN OF STOY HAYWARD LOSSES BATTLE AGAINST AFRIBANK NIGERIA PLC BATTLE AGAINST AFRIBANK NIGERIA. The Claimant, suing through his lawful attorney one Chief A.B. Alabi alleged that sometime in 1982 Manlon Trading Limited (a United Kingdom based exporter of goods) and its subsidiary Rajjman Limited shipped several items, including helmets, to its customers in Nigeria. These customers include Emmans Business Foundation, Fedutex Commercial Syndicate and Rumico Merchants. The Claimant in his capacity as liquidator to Manlon Trading Limited and Rajjman Limited commenced the suit before the High Court of Lagos State by way of Writ of Summons and Statement of Claim dated 28 th November 1990, respectively. It is the case of the Claimant that the Defendant negligently released the goods to its customers in Nigeria, contrary to the instructions contained in the sight bill, issued by Allied International Bank. The Claimant also alleges that upon negligent release of the goods the Defendant thereafter collected the proceeds of sale of the goods and has refused to forward same. As a result the Claimant claimed the sum of Six Hundred and Fifty Two Thousand Three Hundred and Fifty US Dollars and Two Hundred and Forty Five Thousand Pound Sterling or their Naira equivalent on grounds of negligence or in the alternative for funds allegedly collected by the Defendant from its customers in Nigeria. It is important to bear in mind that the Allied Bank International had shortly after the release of the goods to the customers, in Nigeria, issued a fresh 700 day bill in place of the sight bills. In its Defence the Defendants Counsel raised the following issues: The Claimants case is statute barred and in addition the Claimant by issuing the fresh 700 day draft had waived its right to sue on any alleged rights accruing from wrongful actions for negligence on the sight bill. Based on both documentary and oral evidence the Claimant had simply not done enough to show that the Defendants collected the proceeds of sale from the customers of Manlon and Rajjman. Lastly the Claimant lacked the capacity to sue on grounds of inconsistency in the Power of Attorney document apparently awarded to A.B. Alabi and secondly and most importantly the Order of the High Court of England dated 4 th April 1990 did not in any way empower the Claimant to pursue alleged debts relating to specific bills of exchange in this particular suit. In what is considered to be a most illuminating decision Honourable Justice Oyebanji of the High Court of Lagos State the Court determined that having perused the Statement of Claim it was difficult to determine when the cause of action in negligence arose and therefore the Court would be unable to resolve the issue of statute of limitation. However the Honourable Judge did hold that by issuing the fresh 700 day drafts the Claimant had waived its right to claims in negligence based on the sight bills of exchange. Having opined aforesaid the Court fleetingly determined the issue of the Power of Attorney document in favour of the Claimant but agreed with the Defendant that the Claimant lacked the capacity to sue for alleged debts belonging to Rajjman Limited. The basis for this was quite simply the fact that the Order of the High Court of England dated 4 th April 1990 by which the Claimant alleged he was empowered to sue in respect of debts belonging to Rajjman had been significantly and fraudulently altered. During the course of trial the Defendants Counsel had obtained Certified True Copies of the said Order of Court from the United Kingdom Courts and it was therein revealed that the Claimants appointed attorney had fraudulently altered the said Order and presented photocopies to the Courts. The Certified True Copy of the Order related to absolutely different transactions and bills of exchange which were unrelated to this case at hand. In addition to the above the Honourable Judge opined that the Claimants had totally failed to discharged the evidential burden required in order to establish that the Defendants had collected the proceeds of sale from the customers. Finally the suit against the Defendant was dismissed in its entirety with costs.

THE NIGERIAN CI VIL AVIATION ACT 200 7. AN O VER VIEW Page 4 1. MALCOLM COHEN OF STOY HAYWARD LOSSES BATTLE AGAINST AFRIBANK NIGERIA PLC. 2. ESTABLISHING A FOREIGN AIRLINE IN NIGERIA THE GENERAL REQUIREMENTS Establishing a foreign Airline in Nigeria The Modalities The decision in this suit is significant in view of the cross boarder investigations engaged in discovering the true facts. We doubt if the Claimants will appeal the decision of the Honourable Justice Oyebanji. However it will be interesting to asses the grounds of a proposed appeal in the event that a Notice of Appeal is filed. Establishing a foreign Airline in Nigeria The General Requirements. Where a Country fails to designate a carrier, on its part, it does not preclude the other from proceeding with appointing its designee. Before commencing flight operations, in Nigeria, the designated Airline must do the following: 1. Submit to the Federal Ministry of Aviation through diplomatic channels, the following documents: Application letter disclosing the name of the airline, the address of its principle place of business, the ownership structure, nationality of the airline, address in Nigeria (if any), details of the airlines representatives (if any) and proposed date of commencement of operations. In addition; Proposed Ground Handling Company to be used Types of Aircraft to be used Aircraft Configuration and Specifications Copy of the Air Operators Certificate Copy of Certificate of Aircraft registration for each aircraft to be operated to and from Nigeria Evidence of comprehensive insurance cover for aircraft, passenger and third party liabilities Certificate of Airworthiness for each aircraft to be operated to and from Nigeria Airline security manual Prior to operating foreign air services in Nigeria Dangerous goods manual there must exist a Bilateral Air Service Agreement (BASA) between Nigeria and the foreign Existing and/or proposed commercial arrangement and alliances with other air operators air operators Country of origin. Evidence that substantial ownership and effective control vests in Once BASA is signed between the two Countries the designating party or its nationals an airline is duly designated by the respective Nation as having the rights to transport persons, Statement on proposed tariff on the route cargo and mail, between the two Countries. Statement showing flight schedules and timetables Upon evaluation of all aforementioned documentation and conclusion of a technical evaluation a report is published and forwarded to the Honoutable Minister of Aviation who thereafter is empowered to approve or disapprove the award of an operating permit to the designated airline. It is pertinent to note that carriers designation to operate flights to and from Nigeria under BASA are exempt from engaging company registration, locally (Section 54(3) of Nigeria s Companies and Allied Matters Act). The airline is further tasked to consider the following activities: Liaison with the Federal Airports Authority, the Nigerian Civil Aviation authorities and The Ministry Aviation, on regulatory. Liaison with the Nigerian immigration service on matters relating to the status of expatriate staff. Engagement of several service agreements relating to local staff, property leases, office equipment and set up, ticket sales, e.t.c.

ANNOUNCEMENTS 1. Effective from the 1st of March 2010 G.R.F. DALLEY & PART NERS will, under the Organisation Africaine de la Propriete Intellectuelle or Africa Intellectual Property Organisation (OAPI) regime, commence Intellectual Property Services in the following African Countries: The Republic of Benin, Burkina Faso, The Republic of Cameroon, The Central African Republic, The Republic of Chad, The Republic of Congo, The Republic of Cote d Ivoire, The Republic of Gabon, The Republic of Guineau Conakry, Republic of Guineau Bissau, The Republic of Mali, The Islamic Republic of Mauritania, The Republic of Niger, The Republic of Senegal, The Republic of Togo, Equatorial Guinea. 2. The Firm will also effective from the 1st of March 2010 provide incorporation and start up services in Ghana and Cameroon. GABSDALL HOUSE G.R.F DALLEY & PARTNERS Gabsdall House (3rd 4th Floor) 26 Igbosere Road Lagos Nigeria P.O.Box 2572 Tel: + 234 1 7403913, 2630409, 8171500, 8144598 Fax: + 234 1 2661457, 2660648 Email: inq@grfdalleyandpartners.com Url: www.grfdalleyandpartners.com