Brands/Products
Contempt: NBC Floors Rite Foods at Lagos Court
By Adedapo Adesanya
A Federal High Court in Lagos has set aside committal proceedings filed by Rite Foods Limited against the Nigerian Bottling Company (NBC) arising from the trademark infringement tussle between the two parties.
Justice Ambrose Allagoa set aside the suit while delivering a ruling on the various motions filed and argued by the respective parties on Wednesday.
Rite Foods had initiated a contempt proceeding against NBC and its management over issues bordering on alleged infringement on the Lion head trademark of its Fearless energy drink.
The substantive passing-off suit was filed by the plaintiff before Justice Chukwujekwu Aneke sometime in March in suit No: FHC/L/CS/92/2021.
The plaintiff alleged that the defendant had infringed on its trademark with its Predator energy drink by adopting a Lion head similar to the same mark on its Fearless energy drink brand.
The plaintiff claimed that it has been trading with the lion image since 2017 before NBC’s Predator drink came into the market in 2020.
It, therefore, consequently, sought an exparte order before Justice Aneke, restraining the defendants from passing off on its energy drink, in a manner capable of infringing on its brand and the judge consequently dismissed the order.
NBC on its part had filed an appeal, and accordingly, applied for a stay of proceedings before Justice Aneke, in order to await the outcome of the appeal.
Worried by the non-compliance with the interim order of the court, the plaintiff then initiated a contempt suit before Justice Allagoa, seeking committal proceedings against the defendants for alleged disobedience of court orders.
The alleged contemnors on their part also filed motions before Justice Allagoa, seeking an order dismissing the contempt proceedings in its entirety.
They had argued that the committal suit cannot be enforced since the orders of Justice Aneke had already been discharged on September 27.
At the last adjourned date on November 15, the court heard arguments from the respective counsels to the parties, who moved, adopted and argued their motions.
The court consequently reserved the ruling for Wednesday, December 1.
Delivering its ruling the court held: “I have perused the processes filed pursuant to the two applications and argument of counsels, and it is noted that the two motions brought by the first and second contemnors/applicants seek for an order setting aside the committal proceedings in its entirety.
“All parties are in tandem in conceding to the fact that the interim orders of an injunction based on which the plaintiff seeks to commit the defendant for contempt, has been discharged by the court that granted the order.
“That order was discharged by my learned brother, Justice C.J Aneke on the 27th day of Sept. 2021.
“Whereas the plaintiff/respondent argued that this court can punish for contempt for the period of the orders, the defendants/applicants argue otherwise.
“I am in agreement with the principle of law that a committal proceeding by its nature is a legal enforcement mechanism used to mandate the compliance to a validly existing and enforceable order, undertaking or directive of the court.
“The foundation for any committal proceedings is, therefore, a disobedience of a valid, existing, and enforceable order of the court.”
Relying on a judicial authority as held by Justice Tobi JCA, the court said that a committal proceeding must proceed against a valid judgment against the person who is alleged to be in contempt of court.
It held that if there was no such valid judgment, you cannot rely on the court to hold them in contempt.
“The question in the instant case, therefore, is whether the order of my Lord Justice C.J Aneke having been vacated on Sept. 27, is still enforceable to warrant this court to punish the alleged contemnors of the vacated order.
“My answer is that this court cannot; I am in agreement that it is trite law that the discharge or setting aside of an order of court automatically by implication, qualifies such order as a nullity or void ‘ab initio.’
“Without much ado, the motion filed by the alleged contemnors on Oct. 15 and Oct. 18 has merit.
“Consequently, the committal proceedings as initiated by the respondents against the defendant/applicant is hereby set aside in its entirety including the issuance of all court processes and forms used by the plaintiffs in commencing the proceedings.
“This is the ruling of the court,” Allagoa held according to court documents.
By Aduragbemi Omiyale
An institutional investor, First Ally Capital, has strengthened a leading Nigerian financial technology company, Mathesis Analytics, to scale its proprietary credit decisioning infrastructure.
It made this possible by injecting fresh capital into the firm, which specialises in AI-powered credit decisioning infrastructure, an action that will directly support the growth and scaling of Mathesis’ core mission of providing the intelligence and infrastructure needed to bridge the credit gap for millions of unscored or underscored individuals across Nigeria.
With this investment, Mathesis will enable financial institutions to confidently assess and extend credit to borrowers who lack a formal credit history by leveraging an expanded pool of alternative behavioural and transactional data.
To date, Mathesis’ systems have supported more than 8 million loans for over 2 million unique borrowers in Nigeria, and the company is actively deploying its infrastructure to establish a growing pan-African footprint.
With the investment from First Ally Capital, Mathesis is well positioned to transform how the credit ecosystem operates, driving financial inclusion in partnership with lenders across the continent.
A significant barrier to credit access in Nigeria, which prides itself on being Africa’s largest economy, is data fragmentation. Borrowers frequently build positive financial behaviours across multiple digital platforms by repaying microfinance loans, saving through fintech wallets, or servicing Buy Now, Pay Later (BNPL) facilities.
However, under traditional credit infrastructure, these achievements remain invisible to new lenders.
Mathesis addresses this challenge through the concept of Personal Equity—the quantified expression of an individual’s financial behaviour aggregated across every institution with which they have transacted.
By translating these disparate signals into a precise, portable measure of creditworthiness, Mathesis creates a comprehensive credit identity that reflects the full breadth of a person’s financial life.
“True financial inclusion cannot be achieved in a vacuum; it requires structural collaboration in which lenders and fintech companies work as partners within the ecosystem.
“This investment from First Ally Capital validates our approach to reshaping credit infrastructure. By quantifying Personal Equity, we empower lenders to safely look beyond the constraints of formal credit histories and recognise a borrower’s true creditworthiness. This capital enables us to accelerate our pan-African expansion while maintaining the robust, institutional-grade infrastructure our partners rely on,” the chief executive of Mathesis Analytics, Winston Osuchukwu, stated.
On his part, the chief executive of First Ally Capital, Mr Ebenezer Olufowose, said, “At First Ally Capital, we pride ourselves on being a one-stop destination for financial solutions, offering a diverse portfolio of services ranging from investment banking and asset management to trusteeship, inclusive banking, and real estate.
“Our investment in Mathesis Analytics reflects our strong belief in the company’s vision and our commitment to supporting forward-thinking enterprises that deliver excellence.”
By Aduragbemi Omiyale
The chief executive of Canal+ Africa, Mr David Mignot, has disclosed that MultiChoice is now fully integrated into the media group.
Mr Mignot disclosed this via a statement issued on Thursday, noting that this development marks a new phase in the evolution of one of Africa’s leading pay television operators.
He noted that the integration positions MultiChoice within a global media organisation with an extensive international footprint.
“MultiChoice is now a full subsidiary of a truly international media group operating in 70 countries. The group was founded in France, is listed in London and Johannesburg, and has a strong African presence with operations in more than 45 countries,” Mr Mignot said.
The statement underscores the scale of the combined business, highlighting Canal+’s global reach alongside its significant investments across Africa.
The completion of the transaction is expected to strengthen MultiChoice’s position in the African media and entertainment market by giving it access to the broader resources, expertise and international capabilities of the Canal+ Group, while reinforcing the group’s commitment to the continent.
MultiChoice operates across sub-Saharan Africa through platforms including DStv and GOtv, serving millions of subscribers with entertainment, sports and news content.
By Adedapo Adesanya
FoodCourt, a Nigerian cloud kitchen startup backed by Y Combinator, has suspended operations after months of unpaid salaries and mounting debts to vendors triggered a staff strike and forced the company to halt customer orders, according to a report by TechCabal.
The publication reported that customers first noticed on March 4 that they could no longer place orders through the FoodCourt app after the company disabled ordering as kitchen workers, delivery personnel and branch staff embarked on strike over unpaid wages. The company also owed outstanding payments to vendors.
By April 19, FoodCourt had temporarily shut its last operating branch after suspending activities across its Lagos and Abuja locations while seeking fresh funding and restructuring the business, according to the report.
The company’s chief executive, Mr Henry Nneji, said the decision to pause operations was not caused by a single issue but by a combination of operational, organisational and working-capital challenges.
“It’s important to clarify that the decision to pause operations wasn’t driven by one single issue. We reached a point where it became clear that continuing to patch those issues while operating wasn’t the right long-term decision,” he said.
“The objective is to build a stronger business than the one that existed before the suspension. We fully intend to bring FoodCourt back,” he added in an emailed response.
The company acknowledged outstanding obligations to employees, vendors, riders and service providers, but declined to disclose the number of affected workers or the total amount owed. It said efforts were underway to resolve the liabilities as part of its restructuring process.
It was also reported that the startup’s financial difficulties worsened after expansion into additional locations increased operating costs, while its cloud kitchen model came under pressure from rising labour, logistics, food and marketing expenses.
Despite the shutdown, Mr Nneji said FoodCourt intends to relaunch after completing its restructuring, adding that the company believes demand for its products remains strong.
Founded in 2021 by Henry Nneji and Paul Adokiye Iruene, FoodCourt operates cloud kitchens under multiple virtual restaurant brands through its consumer app. According to TechCabal, the startup had previously disclosed raising $1.7 million, delivering more than one million meals and reaching $4.3 million in annual recurring revenue by the end of 2024.
