In May, we reported that an Abuja-based production company had filed a N65 million lawsuit before Justice Hassan of the Federal High Court sitting in Ikoyi, Lagos against Samsung, for allegedly using a part of its ‘Lekki-Ikoyi Link Bridge at Night’ video in a Galaxy S8 advert without authorization.
In reaction, Samsung had denied knowledge of the creative process of the advert adding that the job was given to one Cheil Communications Nigeria Limited who also claimed the job was pushed to Ringier Media Nigeria Limited.
Sequel to the first hearing held in May, the case came up in court and counsel to Ringier Media called for the closure of the case on grounds that Eagle Eye in suing Ringier Media omitted the word ‘media’ in its name and there was no disclosure of action that holds water from the suit.
In response, Eagle Eye’s counsel, Mrs. Abimbola Akeredolu (SAN) prayed the court to dismiss Ringier Media’s application with substantial cost on the basis that the omission of the word media from Ringier Media’s name is “a misnomer” and that the suit disclosed a reasonable cause of action against Ringier Media.
A motion for suit amendment was approved by the court. The judge also ruled that –
“There is no kind of mistake or error which the court cannot correct, except it is intended to cause injustice to a party. The omission can be corrected without causing injustice to the other party,” the judge ruled.
The Judge further ruled that the court is satisfied that a reasonable cause of action has been disclosed against Ringier Media from the suit.
The learned judge thereafter dismissed Ringier Media’s application and awarded cost of N20,000 in favor of the Plaintiffs against Ringier Media.
Eagle Eye Production counsel in court, Miss Adeola Agunbiade, prayed the court for further dates for hearing.
Justice Hassan adjourned the matter to October 11, 2018 for mention.
AKOJI AGENI – YUSUF AND ANOR. v. SAMSUNG ELECTRONICS WEST AFRICA LIMITED AND ANOR.
|Federal High Court sitting in Ikoyi, Lagos|
|Judge:||Justice Hassan of Federal High Court Lagos|
|Nature of Suit||Copyright Infringement|
|Case Filed:||February 26, 2018|