Court affirms Anosikes’ ownership of Daily Times

On Monday 28th Abuja Chief Magistrate court struck out a suit seeking to stop Folio Communications Plc from publishing Daily Times of Nigeria.
This is the fifth time different courts have delivered similar rulings, thereby affirming the paper’s
ownership by the Anosike brothers.

In the trending ruling which was delivered by his Worship, R. J Egbe of Magistrate Court 13 Wuse Zone 2 Abuja, the judge said he was aware that there was an ownership dispute
existing between Folio Communications Plc and Sen. Ikechukwu Obiora on Daily Times of Nigeria as well as Consent Judgement entered between the two parties following resolution of the matter by stakeholders in 2006 which from the records, has not been
vacated by any court of competent
jurisdiction and therefore cannot grant the plaintiff’s prayers to stop the publication of Daily Times.

“However, I cannot feign ignorance
or pretend that there is more to it.
The totality of the evidence before
me by way of affidavit, evidence
and exhibits particularly, exhibit 6,
seems to me that there is an
ownership dispute of the plaintiff
between the defendants and the
deponent to the counter- affidavit.
The tort of passing – off can only
be derived from the right of
ownership. Therefore, it is my view
that it will be meaningless to deal
with the right of passing off
without the right of ownership. It
will amount to placing something on
nothing and a sheer waste of time
and energy which this Court is not
ready to embark on. The case is
therefore struck out''

the judge ruled Earlier, the Magistrate had also thrown out counter affidavit tendered by plaintiffsfollowing argument by counsel to theAnosike’s that having heard addresses by both side, he should not have allowed the tendering of more documents and affidavits. His worship therefore struck it
out saying “I agreed with the defendants’
counsel, after parties had argued their cases, I could not have asked parties to adduce further or additional evidence to
substantiate or support their case at the expenses of any of parties. That was not my intention. My intention was strictly to be addressed on how a judgment of a competent Court could lapse by operation of law and or effluxion of time without more.
Therefore, the plaintiff’s further counter affidavit and all the exhibits attached thereto is struck out''.

The defendants through their Counsel filed a Notice of Preliminary objection dated and filed on the 22nd of February, 2018 against the suit of the plaintiff on eight (8)
grounds as in the face of the preliminary objection. The preliminary objection is brought pursuant to section 251(1)(e) and (3) of the Constitution of the Federal
Republic of Nigeria as amended.

Source: lindainkejiblog

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