How Eyimofe Atake (SAN) Was Attacked By CCNL Legal Team
To Discontinue The Hearing Of The Cross Appeal In
The Supreme Court In The Case Involving
CCNL And Mobil Producing Nigeria Unlimited SC./69/2011
1.0 Introduction
2.0 The difference
between Cross Appellant Reply Brief filed on 20th of April, 2014 and Another
Cross Appellant Reply Brief filed on 9th of June, 2014
3.0 Live argument in the
court room on 3rd of November, 2014
4.0 Court’s
Objection to the Oral Application to Withdraw Cross Appellant Reply Brief.
- Authority of Justice OPUTA (JSC) in
Management
Enterprises Ltd. V. Otunsanya,
SUIT
NO. SC 100/1985
5.0 Substitution Of A
Name Of A Dead Party In A Litigation
-Authority
of Justice Ibrahim Kolapo Sulu-Gambari (JCA) in
Kareem V. Wema Bank Ltd
Suit No: CA/I/58/90
6.0 Oral Application For Substitution Of Name Of
King Professor CJA Uwemedimo
7.0 Summary and Conclusion
1.0 Introduction
1.1 The case of Patent
Right Infringement litigation and Breach
Of Sole Supplier Status Agreement between Comandclem
Nigeria Limited and Mobil Producing Nigeria Unlimited took a new and
dramatic dimension on 3rd of November, 2014 in the Supreme Court of
Nigeria when the Leading Legal Counsel Of Mobil Oil, Dr. Eyimofe Atake (SAN) openly requested the indulgence of
the Honourable Justices Of the Supreme Court of Nigeria to allow him to withdraw a Cross Appellant Reply Brief
dated 21st of April, 2014, and
simultaneously requested the permission of the court to move another Cross
Appellant Reply Brief dated 6th of June, 2014.
1.2 Most of the court observers, court
audiences, and civil- case analysts in the court room hardly understood the
motive behind the request made by the Leading
Legal Counsel of Mobil Oil, Dr. Eyimofe Atake (SAN), to withdraw The Cross Appellant Reply Brief dated 21st
of April, 2014 in the case files.
Advertisement
Investment in Comandclem Nigeria Limited
Simplified
Investment Procedures
(1) Identify Your
Investment planes
(2) Call Yusuf Nurudeen (CCNL Marketing Manager) on
07032522248 for your investment documents and receipt.
Patentees Or Clement Foundation Registration
Amount Of Registration
N30,000:00 And 4 Passport Photographs
Benefits
(1) N30,000:00 As A Monthly Ticket Under CCNL Social Security Scheme
(2) Guaranteed Employment In
(A) Oil And Gas Industries,
(B) New 155 Cottage Industries
(C) An Airline Company To Be Floated By CCNL.
Amount Of Registration
N30,000:00 And 4 Passport Photographs
Benefits
(1) N30,000:00 As A Monthly Ticket Under CCNL Social Security Scheme
(2) Guaranteed Employment In
(A) Oil And Gas Industries,
(B) New 155 Cottage Industries
(C) An Airline Company To Be Floated By CCNL.
1.3 As a civil-case analyst, I was able to
uncover the fact that Dr. Eyimofe Atake (SAN)
may have amended the Cross Appellant Reply Brief
filed by Mobil Oil to technically frustrate the restoration of appeal filed by
CCNL.
2.0 The Difference
Between The Cross Appellant Reply Brief Filed On 21st of April, 2014
And Another Cross Appellant Reply Brief Filed
On 9th Of June,
2014
2.1 On 7th of July, 2011, CCNL
appealed the rulings of Justice Kumai Bayang Akaahs (JCA) in the Supreme Court of
Nigeria by filing A Brief Of Argument
complaining that;
2.1.1 Paragraph 29 (iii), (iv), (v) and (viii) of
the Amended Statement Of Claim are not
statute barred.
2.1.2 Mobil Oil never deny continuous infringement
of the patented invention of CCNL, RP 13522
2.2 Mobil Oil also appealed the verdict of Kumai Bayang Akaahs (JCA) in the
Supreme Court of Nigeria by filing A Cross Appeal
dated 20th of March, 2012, claiming that;
2.2.1 Mobil Oil invented Anti-Corrosive Special Paint RP:13522,
2.2.2 The Payment of royalty to
CCNL is contrary to public policy.
2.3 On 13th of May, 2013, CCNL filed A Cross Respondent Reply Brief debunking the above
unsubstantiated claims.
2.4 Being a company known for delay legal tactics, Mobil Oil filed A Cross Appellant Reply Brief on 25th
of April, 2014 but dated 20th of April, 2014.
2.5 This Cross
Appellant Reply Brief was filed by Mobil Oil very late for 218 days
as against within 30 days required by the Supreme Court of Nigeria Rules. See Order 6, Rule 5 (3).
2.6 On 5th of May, 2014, the Supreme
Court of Nigeria dismissed the Brief of Argument
filed by CCNL on an alleged notice of withdrawal presumed to have been written
by Professor Tony Ukam (formal CCNL counsel) without the authority of CCNL.
2.7 On 11th of August, 2014, CCNL
filed a Restoration Application in
the Supreme Court of Nigeria to resurrect the dismissed Appeal filed by CCNL.
2.8 On 9th of June, 2014, Mobil Oil
quickly filed another Cross Appellant Reply Brief
dated 6th of June, 2014, reflecting that CCNL has no appeal (Brief
of Argument) because the said appeal was dismissed on 5th of May,
2014.
2.9 The
objective of this another Cross Appellant Reply
Brief filed by Mobil Oil dated 6th of June, 2014 is to technically and finally kill the brief of Argument
filed by CCNL.
2.10 On 3rd of November, 2014, the
Honourable Justices of the Supreme Court of Nigeria resisted Eyimofe Atake
(SAN) to withdraw the Cross Appellant Reply Brief
dated 20th of April, 2014.
2.11 Also, on 3rd of November, 2014, the
Honourable Justices of the Supreme Court of Nigeria resisted Eyimofe Atake
(SAN) to move the Cross Appellant Reply Brief dated
6th of June, 2014.
Advertisement
Investment in Comandclem Nigeria Limited
Simplified
Investment Procedures
(1) Identify Your
Investment planes
(2) Call Yusuf Nurudeen (CCNL Marketing
Manager) on 07032522248 for your investment documents and receipt.
Committee Of Friends In The Ruling Council Of CCNL
Registration As :
Amount Of Registration
(1) Prince / Princess = N150,000
(2) Lady / Sir= N200,00
(3) Noble= N2 Million
(4) Baron= N3 Million
(5) Knight= N4 Million
Plus Additional 2 Passport Photographs
Benefits
(1) Monthly Salaries For Those In Those Ruling Councils Are Sa Follows.
Basic Total Allowance
(1) Prince / Princess = N100,000 N400,000
(2) Lady / Sir = N300,000 N500,000
(3) Noble = N500,000 N700,000
(4) Baron = N500,000 N800,000
(5) Knight = N500,000 N800,000
Amount Of Registration
(1) Prince / Princess = N150,000
(2) Lady / Sir= N200,00
(3) Noble= N2 Million
(4) Baron= N3 Million
(5) Knight= N4 Million
Plus Additional 2 Passport Photographs
Benefits
(1) Monthly Salaries For Those In Those Ruling Councils Are Sa Follows.
Basic Total Allowance
(1) Prince / Princess = N100,000 N400,000
(2) Lady / Sir = N300,000 N500,000
(3) Noble = N500,000 N700,000
(4) Baron = N500,000 N800,000
(5) Knight = N500,000 N800,000
3.0 Live Argument In
The Court Room On 3rd Of November, 2014
3.1 The conversation below exhibited live
exchange of words between The Honourable Justices of the Supreme Court of Nigeria
and Eyimofe Atake (SAN) with respect to Cross Appellant Reply Brief Filed on 21st
of April, 2014 and another Cross Appellant Reply Brief Filed On 9th Of June, 2014.
3.2 Happy reading.
Eyimofe Atake (SAN) addressed the Honourable Justices Of The Supreme
Court of Nigeria as follows.
My lords, the appeal is fixed for hearing today but subject to
your lordships convenient.
I move an application to regularize the position of my reply
brief.
There is a reply brief my lords.
And I would like to withdraw an earlier application dated the
21st of April, 2014.
That application has been overtaken by events of which part of
it was to regularize a reply brief my lords.
Justice Nwali Sylvester Ngwuta (JSC) asked a question from Eyimofe
Atake (SAN) as follows.
Are you abandoning it?
Eyimofe Atake (SAN) replied Justice Nwali Sylvester Ngwuta (JSC) as
follows.
No, I am not abandoning it my lords.
There are two motions before your lordships.
Maybe I can elaborate my lords.
At the last adjourned date
Justice Bode Rhodes Vivour interrupted Eyimofe Atake (SAN) and asked
a question as follows.
When was it filed?
Eyimofe Atake responded to Justice Bode Rhodes Vivour as follows
The one I want to withdraw?
Justice Bode Rhodes Vivour re-asked another question from Eyimofe
Atake as follows
The one you want to move.
Eyimofe Atake responded to Justice Bode Rhodes Vivour as follows
The one I want to move was filed on 9th of June, 2014
and dated 6th of June, 2014.
Justice Nwali Sylvester Ngwuta (JSC) asked another question from
Eyimofe Atake (SAN) as follows.
This appeal was withdrawn. Has it been restored?
Eyimofe Atake responded to Justice Nwali Sylvester Ngwuta (JSC) as
follows
No my lord.
But we have a cross appeal.
What happened at the last
adjourned date was that the appeal itself was dismissed because it was
withdrawn.
But we, the respondent to that appeal, have a cross appeal and
so that was fixed for hearing for today.
Aiku Bamidele (SAN) Representing CCNL Addressed The Honourble
Justices As Follows.
My lords, with due respect to your lordships, May I come in at
this time.
I don’t like to come-in ordinarily.
My Lords, may I crave your lordship indulgence and in the
interest of justice to adumbrate on two pertinent issues which have arisen in
this matter.
………….to be continued………
4.0 Court’s Objection To The Oral Application To Withdraw Cross
Appellant Reply Brief.
4.1 The Honourable Justices of the Supreme Court
of Nigeria objected to the oral application made by Eyimofe Atake to either
withdrawn or move any Cross Appellant Reply Brief because of the fact that a body corporate (Mobil Oil) is not competent to sue a
dead party (The First Cross Respondent- Late King Professor CJA Uwemedimo)
except there is a substitution of names.
4.2 The above principle of law was demonstrated
by Honourable Justice OPUTA
(JSC) in the case involving Management
Enterprises Ltd. V. Otunsanya when the court said and I quote
verbatim.
“The common law view
was that dead men are no longer legal personae as they laid down their legal
personality with their lives at death.
Thus being
destitute of rights, duties or interests they can neither sue nor be sued.
This common law view
was expressed in the latin maxim - actio personalis moritur cum persona.”
Per: Justice OPUTA (JSC)
SUIT NO. SC
100/1985
Management
Enterprises Ltd. V. Otunsanya
4.3 From the above authority, it is apparent that Mobil Oil (A Juristic Person) is not
competent to institute a legal case (Cross Appeal) against a dead party (First
Cross Respondent-Late Professor CJA Uwemedimo) except there is a substitution
of name of the deceased.
Advertisement
Investment in Comandclem Nigeria Limited
Simplified
Investment Procedures
(1) Identify Your
Investment planes
(2) Call Yusuf Nurudeen (CCNL Marketing Manager) on
07032522248 for your investment documents and receipt.
Patentees Or Clement Foundation Registration
Amount Of Registration
N30,000:00 And 4 Passport Photographs
Benefits
(1) N30,000:00 As A Monthly Ticket Under CCNL Social Security Scheme
(2) Guaranteed Employment In
(A) Oil And Gas Industries,
(B) New 155 Cottage Industries
(C) An Airline Company To Be Floated By CCNL.
Amount Of Registration
N30,000:00 And 4 Passport Photographs
Benefits
(1) N30,000:00 As A Monthly Ticket Under CCNL Social Security Scheme
(2) Guaranteed Employment In
(A) Oil And Gas Industries,
(B) New 155 Cottage Industries
(C) An Airline Company To Be Floated By CCNL.
5.0 Substitution Of A
Name Of A Dead Party In A Litigation
5.1 There
are unusual circumstances where parties to a legal suit die before the final
determination of the case.
5.2 The
death of a party (Plaintiff) in a legal suit does not affect the case before
the court most especially where an application
has been written to substitute the name of the deceased with the name of the
appropriate family members so as to carry on with the case.
5.3 This position of law is supported by the
pronouncements of Justice Ibrahim Kolapo Sulu-Gambari
(JCA) in the case of Kareem V. Wema Bank Ltd when the court said and I
quote verbatim.
“When
an action has been commenced and in the course of the proceedings the plaintiff
dies, the death of such plaintiff would not affect the action so commenced
before his death if the cause of action survived the plaintiff - see Order 11
Rule 25. If the cause of action survived the plaintiff, somebody must be appointed
to carry on the action”.
Per: Justice Ibrahim Kolapo Sulu-Gambari (JCA)
Suit No: CA/I/58/90
6.0 Oral Application For Substitution Of Names
Of King Professor CJA Uwemedimo
6.1 On 3rd of November, 2014, The
Leading Legal Counsel representing CCNL in the Supreme Court of Nigeria, Aiku Bamidele (SAN), made An Oral Application before the Justices of the
Apex Court of the Land to substitute the Name of King
Professor CJA Uwemedimo in all the filed applications before the
court so as to enable the case to continue.
6.2 The conversation below exhibited how The
Leading Legal Counsel representing CCNL in the Supreme Court of Nigeria, Aiku Bamidele (SAN), made the oral application on
the substitution of name of King Professor CJA Uwemedimo in all filed applications before the court. Happy
reading.
6.3 “The second point
that is pertinent is that the first appellant in the main appeal that was
dismissed who is the first cross respondent in the cross appeal which my
learned friend wishes to argue before your lordship this afternoon died on 18th
of July, this year.
My
lords, in that respect, it will be expedient in these circumstances to amend
all the court`s processes before your lordship to reflect the substitution of
the deceased, first appellant in the main appeal and the first cross respondent
in the cross appeal”
Per: Aiku Bamidele (SAN)
Date:
03/11/2014
Position:
The Leading Legal Counsel representing CCNL
Suit
No: SC/69/2011
7.0 Summary and Conclusion
7.1 Back to the question of Mr. Adesanya
Adepoju.
“I heard
that Mobil Oil wanted to withdraw the case since baba is dead.”
Per: Mr.
Adesanya Adepoju
A
Patentee From Lagos State, Nigeria.
7.2 It is true that Eyimofe
Atake (SAN) representing Mobil Producing Nigeria Unlimited made an
oral application to withdraw the Cross Appellant
Reply Brief dated 20th of April, 2014, and simultaneously
requested the permission of the court to move Another
Cross Appellant Reply Brief dated 6th of June, 2014.
7.4 This is an indication that Eyimofe Atake
(SAN) representing Mobil Producing Nigeria Unlimited has been rendered confused
by the legal team of Comandclem Nigeria Limited.
7.4 The Honourable Justices of the Supreme Court
of Nigeria failed to grant the oral application because of the fact that Mobil
Producing Nigeria Unlimited, being a juristic and
artificial human being, cannot institute a legal suit against a dead natural
human being, King Professor CJA Uwemedimo except there is a
substitution of name of the deceased.
Advertisement
Investment in Comandclem Nigeria Limited
Simplified
Investment Procedures
(1) Identify Your
Investment planes
(2) Call Yusuf Nurudeen (CCNL Marketing
Manager) on 07032522248 for your investment documents and receipt.
Committee Of Friends In The Ruling Council Of CCNL
Registration As :
Amount Of Registration
(1) Prince / Princess = N150,000
(2) Lady / Sir= N200,00
(3) Noble= N2 Million
(4) Baron= N3 Million
(5) Knight= N4 Million
Plus Additional 2 Passport Photographs
Benefits
(1) Monthly Salaries For Those In Those Ruling Councils Are Sa Follows.
Basic Total Allowance
(1) Prince / Princess = N100,000 N400,000
(2) Lady / Sir = N300,000 N500,000
(3) Noble = N500,000 N700,000
(4) Baron = N500,000 N800,000
(5) Knight = N500,000 N800,000
Amount Of Registration
(1) Prince / Princess = N150,000
(2) Lady / Sir= N200,00
(3) Noble= N2 Million
(4) Baron= N3 Million
(5) Knight= N4 Million
Plus Additional 2 Passport Photographs
Benefits
(1) Monthly Salaries For Those In Those Ruling Councils Are Sa Follows.
Basic Total Allowance
(1) Prince / Princess = N100,000 N400,000
(2) Lady / Sir = N300,000 N500,000
(3) Noble = N500,000 N700,000
(4) Baron = N500,000 N800,000
(5) Knight = N500,000 N800,000
7.5 The Honourable Justices of the Supreme Court
of Nigeria granted the oral application made by The Leading Legal
Counsel representing CCNL in the Supreme Court of Nigeria, Aiku Bamidele (SAN), to effect the
substitution of the name of Late King Professor CJA Uwemedimo and adjourned the
case to 19th of January, 2015 to adjudicate on outstanding motions.
7.6 Outstanding motions are as follows
(1) An Application
To Substitute The Name Of The First Appellant & First Cross Respondent
(Rev. (Dr) CJA Uwemedimo )
(2) An
Application To Restore CCNL Appeal
(3) An
Application To Join Muideen Oyewo Adekunle As A Party To The Case.
(4) An
Application For Time Expansion To File Cross Appellant Reply Brief.
Name: Yusuf Nurudeen
(B. Sc, AAT, ACA)
Head Office Address:
CCNL Zonal
Headquarters,
Position: CCNL Marketing Manager
Number 4, Ogudu Road,
Ojota,
Lagos State.
Ondo State Office:
Position: CCNL Ondo State Manager
No 32.
Oba-Adesida Road,
Opposite
Airtel Office,
S.O.
Area,
Akure.
Mobil Number:
+2347032522248
CCNL Twitter Name: www.twitter.com/Comandlem_Nig
CCNL Facebook Name: Comandclem
Patentees
No comments:
Post a Comment