Izehi Procurement Limited & Ors. V. Riceland International Limted & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Lagos in Suit No. FHC/L/CS/674/99 delivered on 6th June, 2007.

The Plaintiff, Izehi Procurement Limited commenced the action against the Defendants at the Federal High Court Lagos claiming the following reliefs contained in paragraph 37 of the Statement of Claim:-

“(i) The balance of 305,000 US dollars in favour of the Plaintiff being held by the 1st Defendant.

(ii) N200,000,000.00 (Two hundred million naira) damages for breach of contract.

(iii) The sum of N129,000,000.00 (twenty nine million naira) lost on the rebates refused on the 6,000 metric tons of rice imposed on the Plaintiff by the Defendants.

(iv) N40,000,000.00 (Forty million naira) lost on foreign exchange transaction arising from the insistence of the 1st Defendant that money be remitted to it without recourse to normal banking procedure.

(v) A declaration that the Plaintiff has sole and exclusive the brand name “KORECT” (American Standard Parboiled) rice in the Federal Republic of Nigeria.

(vi) An order of this honourable court for a perpetual injunction restraining the Defendants by themselves, their Agents, privies, Assigns and/or by any person or persons claiming in trust or through them however, wheresoever, whosoever described from tampering, intermeddling, selling, dealing, or in any other manner howsoever handling, dealing with “KORECT”

– (American Standard Parboiled) Rice which is the exclusive trade mark under the Trade Mark Laws of the Federal Republic of Nigeria.

(vii) An order of perpetual injunction restraining the Defendants by themselves, their servants, agents, privies, assigns and (or by any person or persons claiming in trust or through them however, whatsoever, wherever, whosoever described from using the name, tampering, dealing selling, distributing or infringing or further infringing or continued infringement on the Trade name or mark known as KORECT (American Standard Parboiled) rice which is the exclusive trade mark/name product registered by the Plaintiff under the trade mark laws of the Federal Republic of Nigeria.

(viii) An order of perpetual injunction restraining the Defendants by themselves, their servants, agents assigns and/or person or persons claiming in trust or through their servants, agents, assigns and/or person or persons claiming in trust or through them however, whatsoever, wheresoever from trespassing or further trespassing at the Plaintiffs warehouse as the premises of Union Dicon

Salt located at Plot 8, Block A, Ilasamaja Estate, Itire Junction, Off Apapa – Oshodi Express Way, Lagos State.

(ix) N5,000,000.00 (Five Million Naira) being the costs and expenses (legal fees) professional charges for instituting this action and defending the counter claim of the Defendants.