Connect with us

Brands/Products

Contempt: NBC Floors Rite Foods at Lagos Court

Published

on

Fearless Vs Predator Rite Foods contempt proceedings

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.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

Click to comment

Leave a Reply

Brands/Products

Egbin, Ijede, Ipakan Residents Troop Out for Egbin Power Annual Medical Outreach

Published

on

Egbin Power Annual Medical Outreach

By Modupe Gbadeyanka

Residents of Egbin, Ijede, and Ipakan in Lagos State recently trooped out for the 7th Annual Medical Outreach of Egbin Power.

The three-day medical outreach was organised in partnership with a Non-Governmental Organisation (NGO) known as Livewell Initiative in line with the power-generating company’s commitment to ensuring healthy lives and well-being of its host communities.

This programme also aligns with the United Nations (UN) Sustainable Development Goal 3 (SDG 3) – Good Health and Well-being.

The outreach attracted over three thousand people, including children, adults and nursing mothers, who enjoyed cardiovascular, arthritis, dental, eye-check, diabetes tests, malaria treatment, hepatitis screening, and blood pressure examination.

It was gathered that eyeglasses, dental kits, and medications were administered at no cost to the residents after careful examination by qualified medical practitioners.

“At Egbin Power, we recognise that the health and well-being of our host communities is crucial to our success. This medical outreach programme is one of the ways we demonstrate our commitment to giving back to our host communities.

“It is also in alignment with our commitment to SDG 3 and we believe that access to quality healthcare is a fundamental right, and we will continue to work towards making it a reality for all,” the Head of Corporate Communications and Branding at Egbin Power, Mr Felix Ofulue, stated.

“We are proud to partner with Egbin Power on this medical outreach programme. Together, we are making a positive difference in the lives of the people in these communities,” the Managing Director of Livewell Initiative, Dr Bisi Bright, said.

Also speaking at the event, the Aro of Egbin Kingdom, Mr Olayemi Olukunga, said, “We are grateful to Egbin Power for their kindness and generosity. This medical outreach programme has become an annual tradition that we look forward to, and we appreciate the positive impact it has on our community.”

One of the beneficiaries, Mrs Wasilat Ogundipe, thanked Egbin Power for the gesture, saying, “It affords us timely access to free medical examinations, enabling our children, parents and vulnerable community members to address their health concerns.”

Continue Reading

Brands/Products

IWG Plans Flexible Working Spaces in Lagos Amid Growing Demand

Published

on

International Workplace Group

By Adedapo Adesanya

International Workplace Group (IWG), the world’s largest provider of hybrid working solutions with notable brands like Spaces and Regus, is opening two state-of-the-art flexible workspaces in Lagos to meet the rising demand.

The addition of IWG’s latest locations, HQ Lagos Lekki Link Bridge and Regus Lagos Mansard Place, followed the business posting its highest-ever revenue, cashflow and earnings growth in its history and achieving rapid network growth, signing 465 new locations in the first half of 2024 alone.

According to the company, the adoption of hybrid working rapidly is accelerating across Nigeria and these new locations in Lagos are part of the drive by IWG to meet the sharply rising demand for top-class flexible working space in the area.

Its unique offering will enable local people to experience living in a “15-minute” city, allowing workers to work close to their homes without commuting far from where they live.

The HQ workspace is set to open in Lekki in March 2025 and will It will be located on the 2nd and 3rd floor while the Regus location at Mansard Place (situated at Plot 928, Bishop Aboyade Cole Street, Victoria Island) will be on the 3rd floor of the six storey building and will open in February 2025.

The buildings will provide space for established firms and start-ups across a range of industries, while IWG’s Design Your Own Office service allows companies to tailor their space entirely to their requirements. The new locations will include facilities including private offices, meeting rooms, co-working and creative spaces.

With explosive market growth as companies of all sizes adopt hybrid working for the long-term, it is predicted that 30 per cent of all commercial real estate will be flexible workspace by 2030 and IWG believes that partners will be able to capitalise on this fast-growing sector,

The potential for further growth is exponential with an estimated 1.2 billion white collar workers globally and a total addressable market of more than £1.57 trillion. Conventional office occupancy will continue to fall as businesses require less traditional space and turn to flexible workspace instead.

Last year alone, IWG welcomed over 800 new partner locations and counts 83 per cent of Fortune 500 companies among its customer base.

Speaking on this, Mr Mark Dixon, CEO & Founder of International Workplace Group Plc, commented: “We are establishing a stronger and much-needed footprint in Nigeria with this these latest openings.

“As an important business hub Lagos is a fantastic place for us to boost our expansion plans. The need for high-quality flexible workspaces continues to soar as hybrid working becomes the new normal.

“We are very pleased to work in partnership with Sterling Bank and APD Mansard Place to develop the brand under a management agreement that will add a cutting-edge workspaces to their the buildings.

“Our openings in Lagos comes at a time when more and more companies are discovering that flexible working boosts employee happiness and satisfaction, while helping the environment. Our workplace model is also proven to increase productivity and allows for a business to scale up or down at significantly reduced costs.”

Continue Reading

Brands/Products

Airtel Nigeria Wins Most Preferred Telecom Brand Award

Published

on

Airtel Most Preferred Telecom Brand

By Modupe Gbadeyanka

Another award has been added to the shelves of Airtel Nigeria for the quality service it offers its numerous subscribers.

At the 14th Nigerian NewsDirect Awards held at the Lagos Oriental Hotel on Friday, December 6, 2024, the company went home with the Most Preferred and Admired Telecommunications Brand award.

The chief executive of Airtel Nigeria, Mr Dinesh Balsingh, thanked the news platform for the recognition, reiterating the dedication of the organisation towards the growth of Nigeria.

“At Airtel, we remain steadfast in our mission to enrich lives and contribute to the sustainable growth of our nation, and we are proud to receive this award as the Most Preferred and Admired Telecommunications Brand.

“This recognition reaffirms our commitment to connecting Nigerians, driving digital inclusion, and empowering communities through innovative solutions,” he said.

The ceremony, themed Achieving Economic Prosperity: The Role of Human Capacity Development, Fiscal Prudence, and Revenue Generation, celebrated outstanding contributions made by individuals and corporate organisations to national development across sectors and industries.

The chairman of Odu’a Investment Limited, Mr Bimbo Ashiru, thanked all participating entities for their “continuous contributions and support to the nation’s growth.”

“You have demonstrated excellence and have significantly contributed to Nigeria’s progress and we believe this platform will continue to highlight and encourage best practices across industries,” he stated.

The event attracted several persons, including the chairman of the Lagos State Internal Revenue Service (LIRS), Mr Ayodele Subair; and the Registrar-General of the Corporate Affairs Commission (CAC), Mr Hussaini Ishaq Magaji; among others.

Continue Reading

Trending