Category: Commercial Litigation
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Can Employers Withhold Employees’ Salaries for Failing to Meet KPIs? Key Lessons from Mrs. Iyeyinka Olayanju -v- Global Mercantile and Corporate Logistics Ltd (Judgment delivered on Thursday, 6 February 2025)
Introduction Most employers set specific Key Performance Indicators (KPIs) for their employees, and these KPIs help the employer assess the employee’s performance over a given period. Employees who consistently fail to meet the minimum pass mark in their KPI may lose their jobs due to poor performance. However, a growing practice among some Nigerian employers…
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KEY LESSONS ON ENFORCING MONETARY JUDGMENTS IN NIGERIA: AN ANALYSIS OF THE SUPREME COURT’S JUDGMENT IN C.B.N. v OCHIFE (2025) 12 NWLR (Pt. 2000) 1
INTRODUCTION When enforcing monetary claims in Nigeria, obtaining a favourable judgment is only one part of the process, as the judgment must still be enforced if the debtor refuses to pay the judgment sum. Enforcing a monetary judgment means that the person taking benefit from the monetary judgment (“the judgment creditor”) has to employ any…
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Does a Trademark Registration Grant You Immunity from a Trademark Infringement or Passing Off Lawsuits? Key Lessons from Dike Geo Motors Ltd. v. Allied Signal Inc. (2024) 10 NWLR (Pt. 1946) 201
Introduction One of the key advantages of a trademark registration is that it confers on the Applicant an exclusive right to use the registered trademark for a category of goods. This protection is contained in section 5 of the Trade Marks Act, CAP T13 Laws of the Federation of Nigeria (L.F.N) 2004. There is a…
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ENFORCEMENT OF CONSUMER RIGHTS IN NIGERIA: KEY LESSONS FROM THE SUPREME COURT’S DECISION IN ANENE V. MTN(NIG.) COMMUNICATIONS PLC [2025] 16 NWLR (PT. 2010) 1
Introduction For many years, Nigerian consumers have endured persistent, often frustrating experiences with some telecommunications service providers. Among the most common complaints are unauthorised airtime deductions, unsolicited value-added services, and unfair billing practices that steadily erode consumers’ confidence in the telecom sector. In a significant reaffirmation of consumer protection principles, the Supreme Court of Nigeria…
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THE STRATEGIC VALUE OF A MEDIATION ADVOCATE IN HIGH-CONFLICT DISPUTES
In a high-tension dispute, emotions often act as a fog, obscuring the path to a rational solution and threatening to burn down long-standing relationships. While mediation offers a bridge across this divide, navigating that bridge alone or with counsel unfamiliar with the nuances of mediation can be daunting. As human relations become more complex, the…
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Understanding How To Prosecute a Copyright Infringement Claim in Nigeria: A Review of the Supreme Court’s Judgment in Ubom v. Globacom (Nig.) Ltd. (2025) 6 NWLR (Pt. 1985) 157
Introduction Copyright infringement is the unauthorised use of a copyrighted work without the authorisation of the copyright holder. Such unauthorised use includes: reproduction and distribution of the said work. A breach of contract, on the other hand, occurs when a party breaches the terms of the contract, and the other party decides to sue for…
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When a Pending Lawsuit Will Not Be Enough to Prevent the Winding Up of a Company: Key Lessons from Unifam Industries v. Ecobank (2019) 1 NWLR 187
Introduction The case of UNIFAM INDUSTRIES LIMITED V. ECOBANK NIGERIA LIMITED (SC.149/2005) was heard by the Supreme Court of Nigeria, with judgment delivered on Friday, 8 June 2018. The central issue revolved around whether a petition for the winding-up of a company due to its inability to pay its debts constituted an abuse of court…
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The Exclusive Powers of Local Government to Regulate Outdoor Advertising in Nigeria: A Review of the Federal High Court’s Decision in Massilia Motors Limited -v- Advertising Regulatory Council of Nigeria (unreported Suit No. FHC/L/CS/1044/2025, judgment delivered on 7 November 2025)
Introduction Since the Federal High Court of Nigeria delivered its judgment in Digi Bay Limited & 2 Others -v- Attorney General of the Federation & Anor on 29 April 2025, by upholding the powers of the Advertising Regulatory Council of Nigeria to regulate advertising in Nigeria, the Advertising Regulatory Council of Nigeria (ARCON) increased its…
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Understanding How to Claim Special Damages in a Breach of Contract Case: A Review of the Supreme Court’s Decision in Ajigbotosho v. Renolds Const. Co. Ltd (2019) 3 NWLR (Pt. 1659) 287
Introduction In a breach of contract claim, damages fall into two broad categories: general and special. While general damages are presumed to flow naturally from the breach, special damages are exceptional; they are losses that do not necessarily arise as a matter of course from the act complained of. In UBA Plc v. Ogundokun (2009)…
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Remedies Available to Aggrieved Minority Shareholders in a Company: A Review of the Supreme Court’s Decision in Mainstreet Bank Registrars Ltd and ors v. Temitope O. Oshinuga (2024) LPELR-62980 (SC)
Introduction A fundamental principle of company law is that a company is a separate legal entity distinct from its shareholders and directors. This distinction raises an important question: who has the right to sue when a wrong is committed against the shareholders or the company? Section 341 of the Companies and Allied Matters Act 2020…