The
Federal High Court sitting in Lagos on Monday, October 22, 2018, in a Judgment,
found the Chartered Institute of Arbitrators (Nigeria) LTD/GTE, a registered
Nigerian organisation liable for the Tort of ‘Passing Off’, thereby restraining
the Nigerian registered entity from using its logo and membership grades. The
suit referenced FHC/L/CS/341/2009 was instituted by the Chartered Institute of Arbitrators
of the United Kingdom alleging that the Nigerian Institute, which has been
incorporated in Nigeria since 1988, was ‘passing off’ the Institute of the
United Kingdom. Although the Plaintiff (Chartered Institute of Arbitrators, UK)
is a foreign organisation registered in the United Kingdom and has not been
registered under Nigerian Laws, it however carries out, through its Nigerian
Branch all of its activities within Nigeria without complying with the laws of
the Federal Republic of Nigeria.
Federal High Court sitting in Lagos on Monday, October 22, 2018, in a Judgment,
found the Chartered Institute of Arbitrators (Nigeria) LTD/GTE, a registered
Nigerian organisation liable for the Tort of ‘Passing Off’, thereby restraining
the Nigerian registered entity from using its logo and membership grades. The
suit referenced FHC/L/CS/341/2009 was instituted by the Chartered Institute of Arbitrators
of the United Kingdom alleging that the Nigerian Institute, which has been
incorporated in Nigeria since 1988, was ‘passing off’ the Institute of the
United Kingdom. Although the Plaintiff (Chartered Institute of Arbitrators, UK)
is a foreign organisation registered in the United Kingdom and has not been
registered under Nigerian Laws, it however carries out, through its Nigerian
Branch all of its activities within Nigeria without complying with the laws of
the Federal Republic of Nigeria.
An Appeal
has however been filed at the Court of Appeal, Lagos Division by the Defendant
(Chartered Institute of Arbitrators (Nigeria) LTD/GTE) against the decision of
the Federal High Court delivered by Honourable Justice C.M.A. Olatoregun on the
grounds that the Plaintiff is not an organisation registered in Nigeria nor is
it an entity known to law and as such has no such rights as conferred and
protected by the Federal High Court in its Judgment. Also filed by the
Chartered Institute of Arbitrators Nigeria is a Motion to stay the Execution of
the Judgment of the Federal High Court, pending the determination of its Appeal
before the Court of Appeal.
has however been filed at the Court of Appeal, Lagos Division by the Defendant
(Chartered Institute of Arbitrators (Nigeria) LTD/GTE) against the decision of
the Federal High Court delivered by Honourable Justice C.M.A. Olatoregun on the
grounds that the Plaintiff is not an organisation registered in Nigeria nor is
it an entity known to law and as such has no such rights as conferred and
protected by the Federal High Court in its Judgment. Also filed by the
Chartered Institute of Arbitrators Nigeria is a Motion to stay the Execution of
the Judgment of the Federal High Court, pending the determination of its Appeal
before the Court of Appeal.
Stakeholders
continue to watch the development as it remains to be seen which stand the
Court of Appeal would take on this fundamental policy issue which seeks to
answer whether a Non-Registered foreign Entity would have rights over a duly
Registered Nigerian Entity. As this seems to imply that the Federal
High Court Awarded Judgment To A Non-Registered UK Organisation Over A
Registered Nigerian Organisation.
continue to watch the development as it remains to be seen which stand the
Court of Appeal would take on this fundamental policy issue which seeks to
answer whether a Non-Registered foreign Entity would have rights over a duly
Registered Nigerian Entity. As this seems to imply that the Federal
High Court Awarded Judgment To A Non-Registered UK Organisation Over A
Registered Nigerian Organisation.
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