An ex parte application by a Nollywood actress, Ann Njemanze which sought an Anton Pillar order of the court in suit against veteran Nollywood movie maker, Zeb Ejiro, and his firm, has been thrown out by a Federal High Court sitting in Lagos.
Recall that the actress sued Zeb Ejiro along with Filmone Entertainment and Film Trybe Media over the soon-to-be-released movie ‘Domitilla: The Reboot’- a sequel to the 1996 blockbuster of the same name produced by Zeb Ejiro with Ann Njemanze playing the lead role.
Njemanze trademarked the name, ‘Domitilla’ on September 16, 2020. This was the same year that Zeb Ejiro Productions, FilmOne Entertainment, and Omoni Oboli’s Dioni Vision announced plans to make a sequel to the original movie.
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In suit number FHC/L/CS/2305/2022, the actress, through her lawyer, Bartholomew Aguegbodo is also seeking ₦5 million for the cost of litigation and lawyers fees incurred, as well as for an order of injunction restraining the defendants or any other person from using her trademark (Domitila) or any other mark that is deceptively similar to the registered trademark.
However, ruling in a suit NO: FHC/L/CS/541/2023 which Njemanze through her Counsel, T. H. Nnadi, Esq sought the leave of the court to move the Anton Pillar application during this Court’s Easter Vacation, the presiding Justice T. G. Ringim refused it.
In refusing the application, Justice Ringim stated: “I note the response made by the Learned Counsel to the Applicant when confronted with the information of a subsisting similar suit in the docket of this Honourable Court. His reaction was simply that the other matter was discontinued.
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“I have gone through the records of this Honourable Court, which I am entitled to under section 122 (2) (m) of the Evidence Act, 2011, and the cases of SAMUEL ANYAKORA V. PDP (2022) LPELR-56876 (SC) 39A and SADIQ AMINU WALI V. ALHAJI MOHAMMED SANI BACHA & ORS (2023) LPELR 59867 (CA) 23A-C, and I note as follows:
“The Summons Ex parte in this suit prays for leave of this Honourable Court to hear a further application of the Applicant Ex parte. The only other Motion ex parte of the Applicant in this suit was dated and filed on 28/03/2023 and appeared to have sought for Anton Pillar Order of this court.
“In the other sister Suit No: FHC/L/CS/2305/2022 which appears to be similar to the instant one, there was a Notice of Preliminary Objection dated and filed on 27/03/2023.
“The records of the proceedings in the other suit do not suggest that such Notice of Discountenance was treated and it also appeared not to have been served on the Defendants who appeared to have filed and served their defence on the Plaintiff on 17/03/2023:
“Since the Notice of Discountenance in the other matter was yet to be attended to in the other matter being adjourned to 16/05/2023, this Honourable Court finds its records relevant.
“In the other Suit No: FHC/L/CS/2305/, the same chambers of B. Aguegbodo & Co filed a Summons Ex-parte dated 21/12/2022 to be heard during the Christmas Vacation of 2022. Incidentally it was for the Court to grant leave for the same Applicant to move a similar ex parte Application for Anton Pillar Order dated and filed on 29/11/2022.
“Having observed that the Learned Counsel to the Applicant have transformed themselves into Vacation Counsel and having observed that the Applicant is ready to wait from Vacation to Vacation to move his application for Anton Pillar injunctive Order of the court, I do humbly feel the urgency in the application sought to be heard, even if leave were to be granted the Applicant to be heard during this Easter Vacation, is spent by the reprehensible character of the Applicant waiting in search for Vacation space to approach our Court of law.
“In the light of the above findings, I find no urgency worth granting the Application to be heard and this Application shall simply be dismissed.” The presiding judge noted.
