Category: Commercial Litigation
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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…
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Does an Arbitration Clause Apply When Liability is Admitted? A Review of the Supreme Court’s Decision in Sembcorp Eng. Pte Ltd -v- IPCO (WA) Holdings Ltd & Anor (2024) LPELR-62984 (SC)
Introduction The general rule is that where an agreement contains an arbitration clause, the courts shall respect the sanctity of the arbitration clause by staying the court proceedings and referring the parties to resolve their dispute by arbitration. However, the courts will only refer a matter to arbitration in line with the agreement of the…
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UNDERSTANDING THE CONCEPT OF DURESS IN CONTRACTS: AN ANALYSIS OF THE SUPREME COURT’S DECISION IN SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD & 6 ORS V E.N. NWAWKA (2003) 6 NWLR (Pt. 815) 184
INTRODUCTION The definition of the word “duress” was brilliantly defined by Ekpe JCA in Calabar Central Co-operative Thrift & Credit Society & 2 Ors v Bassey Ebong Ekpo (2001) 17 NWLR (Pt. 743) 649 at 675 as follows: “The word duress is defined as any unlawful threat or coercion used by a person to induce…