Court of Appeal to deliver judgment on N703m infringement suit
Peter Bahago, Abuja
The Court of Appeal sitting in Abuja, Nigeria’s capital has reserved judgment on an appeal filed by Zain Nigeria Ltd formerly Airtel and National Universities Commission NUC, challenging the award of N703 million to TV Xtra Production as damages for infringing on its copyright.
It would be recalled that Justice Inyang Ekwo of the Federal High Court, Abuja earlier awarded the sum of N700 million to TV Xtra in both special and general damages and three million naira cost of the suit, after it found that Zain and NUC aired a programme designed by TV Xtra without permission in 2009.
A three-member panel of justices of the court of Appeal headed by Justice Stephen Adah reserved the judgement after the counsels adopted their written addresses.
In the appeals, counsel to NUC, Solomon Akuma and that of Zain, Rotimi Oguneso, prayed the court to nullify the judgement of the high court for lack of jurisdiction as the suit was not filed within stipulated time allowed by law.
NUC contended that the trial court erred in law by not giving opportunity to cross examine two witnesses after the court adopted the evidence given in the sister court presided by Justice Gabriel Kolawole.
Meanwhile counsel to TV Xtra, Okechukwu Uju-Azorji, urged the court to dismiss the appeals. He inferred that the parties were given adequate time to defend the matter at the high court but failed to do so.