Re: What Is The Next Hearing Date?

Re: What Is The Next Hearing Date?

Content

(1.0) Introduction

(2.0)        Duties & Responsibilities Of Litigants (CCNL And Mobil Oil)

(3.0) Duties & Responsibilities Of The Supreme Court Of Nigeria

(4.0)        Conclusion

(1.0) Introduction

(1.1)  It is now an history that the 19^th of January, 2015, a date fixed for the hearing of outstanding motions in the case of Patent Right Infringement between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited pending in the Supreme Court of Nigeria clashed unfortunately with the nationwide Judiciary Strike in Nigeria.

(1.2) The possible outstanding motions the Honourable Justices of the Supreme Court of Nigeria fixed for adjudication on 19^th of January, 2015 are stated as follows

(1.2.1)       Restoration Application: Filed by Comandclem Nigeria Limited

(1.2.2)      Application Of A Party Sought To Be Joined. Filed by Muideen Oyewo Adekunle  (A fake Patentee from Kwara State)

(1.2.3)      Application To Substitute The Name Of The 1^st Appellant & The 1^st Cross Appellant: Filed by Comandclem Nigeria Limited.

(1.2.4)      Application For Time Extension To File The Cross Appellant Reply Brief: Filed by Mobil Producing Nigeria Unlimited.

(2.0)        Duties & Responsibilities Of Litigants (CCNL And Mobil Oil)

(2.1) Before I make any categorical statement on the next hearing date in the case of Patent Right Infringement suit between CCNL and Mobil Producing Nigeria Unlimited, I consider it pertinent to identify and explain the duties and responsibilities of The Board Of Directors in CCNL before the Honourable Justices Of The Supreme Court Of Nigeria.

(2.2)        The duties and responsibilities of The Board Of Directors In Comandclem Nigeria Limited is to file A Brief Of Argument as provided for in Order 6, Rule 5 (1a) Of The Supreme Court Rule Of 1985 As Amended. With your due permission, I quote.

5.(1)(a)     The appellant shall within ten weeks of the receipt of the Record of Appeal referred to in Order 7 file in the Court and serve on the respondent a written brief being a succinct statement of his argument in the appeal.

(2.3)        For information purposes, I am happy to inform you that, The Board Of Directors in CCNL had filed the following processes and Mobil Producing Nigeria Unlimited had replied accordingly.

(2.3.1) Amended Appellants` Brief: Filed By CCNL

(2.3.2) Amended Respondent Reply Brief: Replied By Mobil Oil

(2.3.3) Appellants` Reply Brief On Point Of Law: Replied By CCNL

(2.4)        Conversely, the Management of Mobil Producing Nigeria Unlimited had filed a Cross Appeal in the Supreme Court of Nigeria and The Board Of Directors in CCNL had replied as stated below.

(2.4.1) Cross Appellant Brief: Filed By Mobil Oil

(2.4.2) Cross Respondents’ Reply Brief:  Replied By CCNL

(2.4.3) Cross Appellant Reply Brief: Replied By Mobil Oil

(3.0) Duties & Responsibilities Of The Supreme Court Of Nigeria

(3.1) Following the resumption of the Nigerian Judiciary Workers from a nationwide and indefinite strike, there are have been agitations among the CCNL Patentees with respect to the fixing of a new hearing date for the determination of all the outstanding motions in the case involving Comandclem Nigeria limited and Mobil Producing Nigeria Unlimited pending before the Honourable Justices of The Supreme Court of Nigeria.

(3.2)        Specifically, A Patentee from Kano State, Jide A. Bello, called and asked a question as follows.

“Sequel to the call-off of the judiciary workers` strike in Nigeria a week ago,  What is the next hearing date?”

Per: Jide A. Bello from Kaduna State

(3.3)        In recent times, I have received hundreds of calls from  the CCNL Patentees both in Nigeria and Oversea putting series of pressures on me to fix a new hearing date for the pending case before the Supreme Court of Nigeria.

(3.4)        It is neither the duty of the CCNL Marketing manager, Yusuf Nurudeen, nor the responsibility of The Board Of Directors in CCNL to fix hearing date for cases before the Supreme Court of Nigeria.

(3.5)        It is the sole responsibility of the Supreme Court of Nigeria to fix hearing date for cases listed before it as demonstrated by Honourable justices Uwa in the case between Bajoga v. Government, F.R.N.2007, when he said and I quote him verbatim.

It is the court`s duty to fix hearing date of the motion on notice after granting leave. An applicant has no role to play in the fixture of such hearing dates.

Per: Justice Uwa

Bajoga v. Government, F.R.N.2007

(4.0)        Conclusion

(4.1) From the above authority of Justice Uwa, it is obvious that the fixing of hearing date for cases before a court of competent jurisdiction is not the duty of any litigant but the responsibility of the court.

(4.2) Asking me (Yusuf Nurudeen) or The Board Of Directors in CCNL to fix hearing date for a case before The Supreme Court of Nigeria  is like asking us to take over the responsibility of the court.

(4.3)        As the court pleases, & on the discretion of the court, the court shall notify The Board Of Directors in CCNL the next or new hearing date of suit sc./69/2011 through an instrument of the court called HEARING NOTICE.

(4.4)        The moment a new hearing notice is issued by the court, I shall notify all the CCNL Patentees on the social media.

(4.5) Thanks for your understanding.

Yusuf Nurudeen (AAT, ACA)

CCNL Marketing Manager

4, Ogudu Road,

Ojota,

Lagos.

+234-703-252-2248

CCNL Twitter Handle: www.twitter.com/Comandlem_Nig

Facebook group:www.facebook.com/groups/comandclemforum/

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