The Court of Appeal, Lagos on Tuesday, 21st of February 2012, struck out two motions filed by MTN Nigeria against the Musical Copyright Society of Nigeria (MCSN).
MTN, which is the appellant in the case, filed the motions seeking for leave of court to file additional grounds of appeal, amend the original notice of appeal, and adduce fresh documentary evidence and to raise fresh issues.
MTN, which is the appellant in the case, filed the motions seeking for leave of court to file additional grounds of appeal, amend the original notice of appeal, and adduce fresh documentary evidence and to raise fresh issues.
After hearing the arguments of MCSN’s Counsel, Mr. T. O. Lawal, and MTN’s Counsel, the court presided over by Hon. Justice Saulawa, struck out the Appellant’s (MTN ’s) motions for being “grossly defective and incompetent”.
As a result of the strike out of the main motions, the Appellant was also forced to withdraw its other pending application seeking for extension of time to file and serve brief of argument and deeming the same as properly filed and served. The application was withdrawn and same was consequently struck out by the court.
MTN had filed a notice of appeal against the judgment of the Federal High Court affirming MCSN’s right to sue for the infringement of its copyrights in musical works by the South African telecommunications giant within the territory of the Federal Republic of Nigeria. MTN was contesting the right of the Nigerian organisation (MCSN) to demand for payment for copyright of its exploitation of its musical works within Nigeria, which made MCSN to finally approach the Federal High Court for the protection of its intellectual property.
As a result of the strike out of the main motions, the Appellant was also forced to withdraw its other pending application seeking for extension of time to file and serve brief of argument and deeming the same as properly filed and served. The application was withdrawn and same was consequently struck out by the court.
MTN had filed a notice of appeal against the judgment of the Federal High Court affirming MCSN’s right to sue for the infringement of its copyrights in musical works by the South African telecommunications giant within the territory of the Federal Republic of Nigeria. MTN was contesting the right of the Nigerian organisation (MCSN) to demand for payment for copyright of its exploitation of its musical works within Nigeria, which made MCSN to finally approach the Federal High Court for the protection of its intellectual property.
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