Justice Ambrose Lweis-Allagoa of a Federal High Court sitting in Lagos has fixed December 1, 2021 for ruling on the application filed by Nigerian Bottling Company (NBC) application to dismiss the contempt suit filed by Rite Foods against NBC and its Managing Director, Matthieu Seguin over alleged trademark infringement.
The trial justice Allagoa fixed December 1, 2021 after listening to the argument and submissions of counsel to parties in the suit.
At the resumed proceedings, counsel to NBC’ MD, Mr. Oluseye Opasanya (SAN), informed the court that he filed motion on notice dated October 18 supported with seven paragraph affidavit together with one exhibit.
Opesanya told court that he brought motion to strike out the suit on a number of reasons.
Earlier, cousel to the Nigerian Bottling Company (NBC), Ngo Matins Okonma told court that he filed an application dated October 15, 2021 and a motion on notice in respect of the application to regularize the application dated November 11.
In his motion on notice, he prayed for the order of court to set aside the committal proceeding in its entirety including all processes used by plaintiff in the proceedings.
Opesanya and Okonma said argued that the comp tempt order has been discharged.
“The order upon which committal proceedings was premised on has been discharged/ set aside by Justice Chukwujekwu Aneke on September 27, 2021.
NBC prayed the court to dismiss contempt suit and award punitive costs against Rite Foods if it finds no basis for the contempt proceedings.
The senior lawyer therefore urged the court to grant their application and dismissed the case.
However, in his response, the plaintiff counsel, Mr. Muyiwa Ogungbenro told court that he have filed counter affidavit sworn to by Francis Omoniyi, dated October 21,2021 and a written address to support their case.
He prayed the court to dismiss all application filed to set aside the contempt proceedings.
After listening to the argument and submissions of the parties, Justice Lweis-Allagoa adjourned ruling to Dec 1, 2021.
It could be recalled that on September 27, 2021, Justice Aneke upheld the objection filed by NBC’s counsel, suspending further hearing of Rite Foods’ case and discharged the exparte order granted Rite Foods against NBC and its partners.
The court also refused Rite Foods’ motion for interlocutory injunction seeking to prevent NBC from marketing or distributing Predator Energy drink in Nigeria.
Although the court agreed with the plaintiff that the instant suit is not an abuse of court process, but held that “to avoid confusion, this court will seize from further hearing of this suit to allow other suits go on. I, therefore, discharge the order made by me to allow the instant suit go on.”
When the matter came up for hearing before Justice Lweis-Allagoa, Mr. Oluseye Opasanya (SAN) and Mr. Mark Mordi, counsel to NBC and its Managing Director informed the court that since Rite Foods’ Counsel had failed to withdraw the contempt suit, they had no option than to file a formal motion to have the contempt suit dismissed with substantial costs against Rite Foods.
NBC managing director’s counsel Opasanya (SAN), told the court that he has an application dated October 18 and filed on October 21, 2021, seeking to quash the contempt against his client.
Opasanya also informed the court that Justice Aneke had discharged the exparte order made against his client on September 17, 2021.
Opasanya (SAN), prayed the court to set aside or dismiss the entire suit.
The NBC said that there has been no trademark violation or passing off with its Predator Energy drink and maintains that the Predator brand logo had been in existence and in use in many markets even prior to the launch of Fearless by Rite Foods in the Nigerian market.
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