10TH OF JULY, 2012 PROCEEDINGS COMANDCLEM NIGERIA LIMITED VERSUS MOBIL PRODUCING NIGERIA UNLIMITED SUIT NUMBER: SC./69/20011.
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IN THE SUPREME COURT OF NIGERIA
10TH OF JULY, 2012 PROCEEDINGS
COMANDCLEM NIGERIA LIMITED VERSUS MOBIL PRODUCING NIGERIA UNLIMITED
SUIT NUMBER: SC./69/20011.
CONTENTS
(1) BACKGROUND INFORMATION ….. PAGE 2
(2) COMANDCLEM NIGERIA LIMITED IN THE SUPREME COURT OF NIGERIA…… PAGE 3
(3) THE OBJECTIVES OF COMANDCLEM NIGERIA LIMITED IN THE SUPREME COURT OF NIGERIA ……….PAGE 3
(4) OPINIONS OF SOME LEGAL PROFESSIONALS ON THE CASE OF COMANDCLEM NIGERIA LIMITED VERSUS MOBIL PRODUCING NIGERIA UNLIMITED…….. PAGE 4
(5) THE FIRST HEARING OF THE CASE IN THE SUPREME COURT OF NIGERIA
10TH OF JULY, 2012 PROCEEDINGS………. PAGE 5
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BACKGROUND INFORMATION
Sequel to the judgment of Honourable Justice Kumai Baying Akaahs of The Federal Court of Appeal, Calabar Judicial Division of Nigeria between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited (CA/C/15/2009) delivered on 8th of December, 2009 to the effects that
(1) There was no agreement between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited to pay $2 per barrel of every petroleum product produced by Mobil Producing Nigeria Unlimited,
(2) The case of patent right infringement leveled against Mobil Producing Nigeria Unlimited was statute barred,
(3) The agreement between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited to pay $2 per barrel of every petroleum product produced by Mobil Producing Nigeria Unlimited was not contrary to public policy,
(4) The invention called Anti-Corrosive Special Paint for QIT (Transteel Blue, White Enamel Q.A.D) with Patent Certificate No. RP 13522 which Mobil Producing Nigeria Unlimited claimed to have invented by virtue of section 2(4) of Patents And Designs Act 1990 actually was invented and belonged to Comandclem Nigeria Limited And King Professor CJA Uwemedimoh,
the management board of Mobil Producing Nigeria Unlimited wrote A LETTER OF ACCEPTANCE to Comandclem Nigeria Limited promising to pay all the accruable royalties in four equal installment in realization of the fact that the invention in dispute was actually invented by Comandclem Nigeria Limited headed by KING PROFESSOR CJA UWEMEDIMOH.
The absolute failure of Mobil Producing Nigeria Unlimited to honour this LETTER OF ACCEPTANCE made Comandclem Nigeria Limited headed by KING PROFESSOR CJA UWEMEDIMOH to drag the oil giant before a federal high court of Lagos State. In realization of the fact that negotiation was better than litigation, Comandclem Nigeria Limited headed by KING PROFESSOR CJA UWEMEDIMOH embanked on settlement out of court through negotiation procedures where notable national leaders were involved i.e. traditional rulers and former President Obasoju. This negotiation was successful in the sense that KING PROFESSOR CJA UWEMEDIMOH was able to predetermine the deceptive and satanic mind of Mobil Producing Nigeria Unlimited in the whole patent right infringement saga. Despite this remarkable predetermination of deception of Mobil Producing Nigeria Unlimited, the negotiation failed to achieve the intended result of royalty payment. As a result of the above among other things, Comandclem Nigeria Limited headed by KING PROFESSOR CJA UWEMEDIMOH dragged Mobil Producing Nigeria Unlimited to The Supreme Court Of Nigeria.
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COMANDCLEM NIGERIA LIMITED IN THE SUPREME COURT OF NIGERIA
The Chief Executive Officer of Comandclem Nigeria Limited and comandclem United Kingdom limited – KING PROFESSOR CJA UWEMEDIMOH said categorically that he would get all the accruable royalties from all the patent right infringers through litigations in the courts of competent jurisdiction in Nigeria.
I am the True and The Statutory Inventor Of Anti-Corrosive Special Paint For Qit (Transteel Blue, White Enamel Q.A.D) with Patent Certificate No. RP 13522. When the time comes, I will get all my accruable royalties from Mobil producing Nigeria unlimited for the people of Nigerians most especially my patentees. He who has the certificate of occupancy and building approver from the government, and erects a mansion on the pieces of land must collect house rent from the tenants. On no condition must a land –encroacher (a thief) collect the house rent from the tenant. I am the first to invent Anti-Corrosive Special Paint For Qit which made me the true inventor, and the first to file in the patent office which made me the statutory inventor. I personally paid the manufacturer of my paint- international paint for West Africa (ipwa).
On no condition must Mobil Producing Nigeria Unlimited which infringed on my patented invention collect royalties. I will get my money from them when the time comes to develop Nigeria. KING PROFESSOR CJA UWEMEDIMOH SAID.
PATENTS AND DESIGNS ACT, 1990 SECTION (2)-RIGHT TO PATENT, SUB-SECTION (1) Subject to this section, the right to a patent in respect of an invention is vested in the statutory inventor, that is to say, the person who, whether or not he is the true inventor, is the first to file, or validly to claim a foreign priority for, a patent application in respect of the invention.
THE OBJECTIVES OF COMANDCLEM NIGERIA LIMITED IN THE SUPREME COURT OF NIGERIA
The sole objectives of Comandclem Nigeria limited in The Supreme Court Of Nigeria are as follows.
(1) Setting aside of the judgment of the lower court held on 8th of December, 2009
(2) Awarding the appellant all the reliefs as claimed in the amended statement of claim, or in the alternative, the already settled one by the Hon. Justice C. M. Chukwumah Enah in suit number CA/C/6M/2003, i.e. paragraph 29 (iii), (iv), (v), (vii), (viii) , (ix) and (x) of the statement of claim dated 2011/2001.
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OPINIONS OF SOME LEGAL PROFESSIONALS ON THE CASE OF
COMANDCLEM NIGERIA LIMITED
VERSUS
MOBIL PRODUCING NIGERIA UNLIMITED
An eagle eye analysis or observation of the judgment of Honourable Justice Kumai Baying Akaahs of The Federal Court of Appeal, Calabar Judicial Division of Nigeria between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited (CA/C/15/2009) delivered on 8th of December, 2009 showed a lot of judicial abracadabra in the sense that the court in question has no jurisdiction to re-litigate or re-judge The Supreme Court Of Nigeria pronouncements on the ownership of the invention and the concept of statute-barred on the case. This is because a lower court has no jurisdiction to overrule the decisions of the Supreme Court between the same parties and on the same subject matters.
On 30th of May, 2006 in The Supreme Court Of Nigeria between Mobil Producing Nigeria Unlimited and Comandclem Nigeria Limited & KING PROFESSOR CJA UWEMEDIMOH in the suit number sc./198/2005, the Supreme Court Honourable Justices in a unanimous decision refused the application made by Mobil Producing Nigeria Unlimited to the apex court to the effect that ,
(1) Extending the time within which to apply for leave to appeal in pursuant to section 233 (4) of the constitution of the federal republic of Nigeria of 1990, against the judgment delivered by the court of appeal, Calabar division on the 14th day of July, 2005.
(2) Granting leave to applicant to appeal against the said judgment of the court of appeal, Calabar division dated on 14th July, 2005.
(3) For extension of time within which the applicant can file its notice of appeal against the judgment delivered by the court of appeal, Calabar division on the 14th July, 2005.
IN THE SUPREME COURT OF NIGERIA HOLDEN AT HOLDEN AT ABUJA
ON TUSDAY THE 30TH DAY OF MAY, 2006
(SC198/2005.)
Court: The Applicant has failed to satisfy us as to why the motion should be granted. The application is therefore refused and the motion is dismissed with N1, 000:00 cost to the Respondents (CCNL).
RULING
(Delivered by S. A. AKINTAN, JSC)
IN THE COURT OF APPEAL
CALABAR JUDICIAL DIVISION
HOLDEN IN CALABAR
ON THURSDAY, 14 DAY OF 2005
APPEAL NO. CA/C/6/2003
I have examined paragraph 29 of the Amended Statement of Claims and I agreed with the respondents (CCNL) there were relieves i.e. cause of actions not caught by the limitation law and it will be unwise to ask the court to strike dawn the claim with relieves as contained (iii), (iv) (v) and (viii) of paragraph 29 of the Amended statement of Claim. It must be observed that relieves (iii), (IV) (v) and (viii) of paragraph 29 of the Amended statement of Claim have not been affected by the limitation law. I do not see the propriety of dismissing the respondents` (CCNL) action in the light of those relieves.
CHRISTOPHER M. CHUKWUMA-ENEH
JUSTICE, COURT OF APPEAL.
Note: the judgment of the federal court of appeal calabar judicial division becomes the judgment of the supreme court of Nigeria on the subject matters in this case and its is binding on any other courts in Nigeria.
AUTHORITY
“Previous decisions of this court are binding on this court until overruled or departed from. Departing from previous decisions is not a matter to be lightly embarked upon. The court can only be persuaded to depart from previous decisions if the previous decisions were proved wrong given per incuriam, and perpetuating injustice “
Per Obaseki JSC (P. 31, Para E-G) SC./43/1990
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THE FIRST HEARING OF THE CASE IN THE SUPREME COURT OF NIGERIA
10TH OF JULY, 2012 PROCEEDINGS
COMANDCLEM NIGERIA LIMITED VERSUS MOBIL PRODUCING NIGERIA UNLIMITED
Suit number: SC./69/2011
Major Events That Unfolded In The Court
>>>>> Mobil Producing Nigeria Unlimited absented in court as Eyimofe Atake And Mike Ozekhome were nowhere to be found.
>>>>> The management of Mobil Producing Nigeria Unlimited at a stage of confusion on the infringed patented invention of Comandclem Nigeria limited.
>>>>>>> The management of Mobil Producing Nigeria Unlimited adopts strategies to elongate the case unnecessarily to frustrate Patentees in the struggle
>>>>>>>>> Eyimofe Atake (San) And Mike Ozekhome (San) can not differentiate between 10th of July,2012 and 11th of July, 2012 said Barrister Udom Udom
>>>>>>>>> Honorable Justice Aloma Mariam adjourned the case to 29th of January, 2013.
>>>>>>>>> The bag logs of outstanding cases and the proposed recess in the judiciary are accountable for 29th of January, 2013 adjournment.
>>>>>>>>>> My presence in the Supreme Court today is a coincidence - said Barrister Udom Udom
>>>>>>>>>> The adjournment was necessitated by a call to respect the right to fair hearing of the parties in disputes.
>>>>>>>> CCNL argued Patentees to remain calm as 29th of January, 2013 will come and go like other days.
The legal battle between Comandclem Nigeria Limited and Mobile Producing Nigeria Unlimited over patent right infringement was unable to come up on 10th of July, 2012 in the Supreme Court Of Nigeria because of the fact that the leading and supporting legal counsels of Mobil producing Nigeria unlimited in persons of eyimofe atake and mike ozekhome respectively were not in the Supreme Court of Nigeria.
One of the legal counsels of Mobil Producing Nigeria Unlimited who has handled quit numbers of cases for Mobil Oil in the past called Barrister Udom Udom was in The Supreme Court of Nigeria with respect to Akwa Ibom State versus Cross-River State oil wells legal battle. He claimed that both eyimofe atake (san) and mike ozekhome (san) taught that the case would come up on 11th of July, 2012 as against 10th of July, 2012 in the records of the court.
The presiding justice, HONOURABLE JUSTICE ALOMA MARIAM has no option than to respect the right to fair hearing of all the parties in the dispute as provided for in section 36 of the constitution of the federal republic of Nigeria 1999. as a result of the above, she adjourned the case to 29th of January, 2013 on the accounts that the court will soon embark on judicial recess, and immediately after the recess the supreme court justices will try to resolve all the outstanding cases before them before attending to the case of Comandclem Nigeria limited versus Mobil Producing Nigeria Unlimited in January, 2013.
NAME: YUSUF NURUDEEN (AAT, ACA)
POSITION: CCNL NATIONAL MARKETING MANAGER
OFFICE ADDRESS: CCNL ZONAL HEADQUARTERS, NUMBER 4, OGUDU ROAD,
OJOTA, LAGOS STATE.
MOBIL NUMBER: +2347032522248
EMAIL ADDRESS: thepatenteesonlinenewspaper@yahoo.com
TWETTER NAME: CCNL_PATENTEES
FACEBOOK NAME: COMANDCLEM PATENTEES
CCNL CORPORATE FACEBOOK ADDRESS: www.facebook.com/COMANDCLEMNIGERIALIMITED
CCNL CORPORATE WEBSITE: www.comandclemonline.com
CCNL FORUM:http://www.comandclemonline.com/forum/index.php?topic=2.msg9#msg9
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