Comandclem Nigeria Limited Versus Mobil Producing Nigeria Unlimited - Nairaland / General (3) - Nairaland
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Mobil Pays Comandclem Nigeria Limited Finally! / Comandclem Nigeria Limited / Nairaland Versus Facebook (2) (3) (4)
| Re: Comandclem Nigeria Limited Versus Mobil Producing Nigeria Unlimited by Nobody: 10:19pm On Dec 16, 2014 |
I maybe interested in this case, make public a copy of Non Circumvention and Non Disclosure agreement with Mobil Unlimited and With IPWA. They party to be sued should have been IPWA, not Mobil, maybe the suit was borne out of malice with prejudice to Mobil |
| Re: Comandclem Nigeria Limited Versus Mobil Producing Nigeria Unlimited by YusufAkure(m): 4:43am On Dec 17, 2014 |
@indigene, You don't have full facts and figures on the subject matter. Give me times to explain to you. |
| Re: Comandclem Nigeria Limited Versus Mobil Producing Nigeria Unlimited by YusufAkure(m): 11:18am On Dec 26, 2014 |
[size=18pt]RE: “How are you sure we're going to be victorious in court come January 19th?[/size] [size=16pt]Content 1.0 Introduction 2.0 Fundamental Facts Of The Case. 3.0 Hearing Of The Case Dated 19th Of January, 2015. 4.0 What Are The Pending Motions Court Must Resolve Before Hearing The Substantive Appeal? 5.0 How Are You Sure We're Going To Be Victorious In Court Come January 19th? 6.0 When Would The Court Entertain The Substantive Appeal? 7.0 How Are You Sure The Case Would Be Concluded In Year 2015? 8.0 What Is The Final Judgment Day Of This Case? 9.0 Conclusion. 1.0 Introduction 1.1 On behalf of the entire Management Board in Comandclem Nigeria Limited, I appreciate your questions, and most importantly your perseverance & unalloyed support for CCNL on the ongoing patent right infringement litigation case between the Citizens of the Federal Republic of Nigeria (CCNL) and A Foreign Multinational Oil Company (Exxon Mobil). 2.0 Fundamental Facts Of The Case. 2.1 King Professor CJA Uwemedimo, the True and Statutory Inventor of Anti-Corrosive Special Paint for QIT QAD RP: 13522, has good developmental plans and programs for the entire Citizens of the Federal Republic of Nigeria in his Social Security Scheme called King Clement Foundation & Committee Of Friend Ruling Council. 2.2 The estimated royalty Mobil Producing Nigeria Unlimited was expected to pay as a Judgment Debt to The Citizens Of The Federal Republic Of Nigeria (CCNL) over the unauthorized use/ infringement of the patented invention of King Professor CJA Uwemedimo in the ruling of Justice Kumai Bayang Akaash was over $24,544,104,000 computed between (5/8/1999 – 8/12/2009). 2.3 Justice Kumai Bayang Akaash of the Federal Court of Appeal Calabar Judicial Division failed to award this judgment debt (royalty, compensation, and damages) because of two reasons which are stated below. 2.4.1 Justice Kumai Bayang Akaash claimed that the case of CCNL was statute barred. 2.4.2 Justice Kumai Bayang Akaash claimed that CCNL failed to show before him evidence that the infringement of its patented invention by Mobil Producing Nigeria Unlimited continues after 4th of August, 1999 when the invention was registered by King Professor CJA Uwemedimo. 2.5 Those two reasons adduced by Justice Kumai Bayang Akaash to deny CCNL over $24,544,104,000 being patent right infringement compensation are being contested in the Supreme Court of Nigeria as far back as year 2011 by the Legal Team of CCNL. 2.6 From the above royalty, King Professor CJA Uwemedimo promised each CCNL Patentee the sum of =N=30,000 as monthly meal ticket under his Social Security Scheme, guaranteed employment opportunities in gas and industries etc. 2.7 But unfortunately, the case has suffered several adjournments in the Supreme Court due to the deliberate failure on the part of Mobil Producing Nigeria Unlimited to file necessary processes/replies in the Supreme Court of Nigeria. 2.8 The possibility of finalizing the case is feasible in year 2015 because it seems the court is ready to do substantial justice to the case and accelerates its hearing with respect to issues set aside for determination in the Substantive Appeal. 3.0 Hearing Of The Case Dated 19th Of January, 2015. 3.1 The hearing of the case dated 19th of January, 2015 shall be the seven (7th) times the Supreme Court of Nigeria will entertain motions/applications that emanated from the Substantive Appeals. 3.2 According to the Presiding Judge of the case, Honourable Justice Mahmud Mohammed (CJN) on 3rd of November, 2014, he said and I quote him verbatim. “Meanwhile all pending motions in this matter are further adjourned to 19/1/2015 for hearing.” Per: Justice Mahmud Mohammed (CJN) Suit: SC./69/2011 3.3 From the above pronouncement of Justice Mahmud Mohammed (CJN) on 3rd of November, 2015, it is obvious that the Honourable Justices of the Supreme Court of Nigeria are ready to do substantial justice to all the outstanding motions pending before the court on 19th of January, 2015. 3.4 This is an indication that the Honourable Justices of the Supreme Court of Nigeria are committed to dispensing justice on the case as quickly as possible immediately all pending motions are resolved on 19th of January, 2015. 4.0 What Are The Pending Motions Court Must Resolve Before Hearing The Substantive Appeals? 4.1 The Honourable Justices of the Supreme Court of Nigeria shall not entertain the Substantive Appeals until all the Pending Motions/Applications are resolved. 4.2 This position in law is supported by the pronouncements of Honourable Justice Tsamiya (JCA) in the case between S.C.E.N and Nwosu when the court said and I quote. “It is pertinent that all pending applications in a suit be thrashed so as to avoid want of fair hearing. A court should not, per chance, give room for such complaints. In the instance case, where processes such as the applications left pending before the trial court were the only documents filed by the defendant instead of the motion of intention to defend with an affidavit prescribed by the rules, such applications/processes must be heard before the case is determined on the merit.” Per: Justice Tsamiya (JCA) 2008 ALL FWLR 4.3 The pending motions the Honourable Justices of the Supreme Court of Nigeria shall entertain/resolve before hearing the Substantive Appeals are stated below. (1) An Application To Substitute The Name Of The First Appellant & First Cross Respondent (Rev. (Dr) CJA Uwemedimo ) (2) An Application To Restore CCNL Appeal (3) An Application To Join Muideen Oyewo Adekunle As A Party To The Case. (4) An Application For Time Extension To File Cross Appellant Reply Brief. 5.0 How Are You Sure We're Going To Be Victorious In Court Come January 19th? 5.1 The issues before the Honourable Justices of the Supreme Court of Nigeria for determination on 19th of January, 2015 are not the Substantive Appeals upon which the victory of CCNL suit can be evaluated. 5.2 It will be unwise for me to make any comment on the Substantive Appeals on a date (19/01/2015) set aside to entertain Pending Motions before the Honourable Justices of the Supreme Court of Nigeria. 5.3 As a result of this, and among things, it will be more reasonable to restrict my comments to the Pending Motions set aside for determination on 19th of January, 2015 as against making comments on the Substantive Appeals, which hearing date yet to be fixed. 6.0 When Would The Court Entertain The Substantive Appeals? 6.1 Barring any unforeseen circumstances, immediately the Honourable Justices of the Supreme Court resolve pending motions on 19th of January, 2015, as the court pleases and on the discretion of the court, a new hearing date may be fixed to entertain the Substantive Appeals upon which the victory of CCNL can be evaluated. 6.2 The issues set aside for determination in the Substantive Appeals are stated below 6.3 Brief of argument filed by CCNL ISSUE NO 1 1. ‘’ Whether in the final analysis, the case, and in particular, paragraph 29 (iii), (iv), (v) and (viii) of the Amended Statement of Claim dated 20/11/2001 is statute barred? ISSUE NO 2 2. “Whether the infringement of the Appellants’ patent right by the Respondent is continuous, to entitle the Appellants to compensation or royalty from the Respondents? ISSUE NO 3 3. “Whether from the totality of the pleadings of the Respondents (then Defendants), did the Respondents deny and or successfully traverse the averments in paragraph 23 of the Appellants(then Plaintiffs) Amended Statement of Claim sufficiently for the Appellants to be called upon to prove the continuous use of the Appellants patented products by the Respondents?. 6.4 The Cross Appeal Filed by Mobil Producing Nigeria Unlimited. ISSUE NO 1 Were the learned justice of the court of appeal in error when they held that the alleged agreement to pay $2:00 per barrel of every petroleum product to the plaintiffs/appellants/cross respondents was not necessarily against public policy and that there was no evidence to presume that the alleged agreement being envisaged was to circumvent the provisions of the petroleum Act or to prevent the Defendants/Respondents/ Cross Appellants from paying royalties to the Federal Government? ISSUE NO 2 Having regard to the unambiguous provision in section 2(4) of the Patent and Designs Act Cap. 433 laws of the Federation of Nigeria 1990, and the separate contract which is premised on Exhibits 7, 7B and 7C (Purchase Orders) were the learned Justices of the Court of Appeal in error to hold that the right to the patent in the invention resides in the plaintiffs/Appellants/Cross Respondents who are the statutory inventors? 7.0 How Are You Sure The Case Would Be Concluded In Year 2015? 7.1 All the necessary correspondences fundamental for the determination of the Substantive Appeals have been filed and exchanged between the Legal Counsels of Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited. 7.2 Those legal correspondences are stated below. (1) Amended Brief Of Argument: Filed by CCNL (2) Amended Respondent Reply Brief: Replied by Mobil Oil (3) Appellants Reply Brief: Filed by CCNL (4) Cross Appeal: Filed by Mobil Oil (5) Cross Respondents Reply Brief: Replied by CCNL (6) Cross Appellant Reply Brief: Filed by Mobil Oil 7.3 Owing to the fact that the above legal correspondences have been filed and exchanged between the litigants (CCNL & Mobil Oil), the Honourable Justices of the Supreme Court of Nigeria will be left with no option than to give pronouncement on the case in year 2015. 7.4 The availability of the above stated legal correspondences will enable the Honourable Justices of the Supreme Court of Nigeria to have unlimited access to legal resources/documents that will facilitate the finalization of the case in year 2015. 8.0 What Is The Final Judgment Day Of This Case? 8.1 Immediately after the hearing of the Substantive Appeal, the Honourble Justices of the Supreme Court of Nigeria are constitutionally bound to make a final judgment within ninety (90) days there from. 8.2 The above principle of law was demonstrated by Honourable Justice Ibrahim Tanko Muhammad, Justice, Court of Appeal in the case involving Alh. Mohammed Sanusi & Ors., and. Alh. Mohammed Bello Gidiya & Ors.Citation: (2006) LPELR-9808(CA) when he said and I quote him verbatim. "Section 294(1) of the 1999 Constitution stipulates that: "Every Court established under this Constitution shall deliver its decision in writing not later than 3 months after the conclusion of evidence and final addresses, and furnish all parties in the cause or matter determined with duly authenticated copies of the decision on the date of delivery thereof. Per: Justice Ibrahim Tanko Muhammad J.C.A (Pp 19) Suit No: Alh. Mohammed Sanusi & Ors., and. Alh. Mohammed Bello Gidiya & Ors.Citation. (2006) LPELR-9808(CA) 9.0 Conclusion 9.1 The hearing of the case on 19th of January, 2015, is specifically sets aside for the determination of all the pending motions before the Honourable Justices of the Supreme Court of Nigeria. 9.2 The Honourable Justices of the Supreme Court of Nigeria shall not hear the Substantive Appeals until all the pending motions/applications are resolved completely as demonstrated by Justice Ibrahim Tanko Muhammad J.C.A when he said and I quote him verbatim. "It is the bounden duty of a court to hear and determine all applications pending before it before making a final pronouncement by way of delivering judgment. See AMOO v. ALABI (2003) 12 NWLR (part 835) 537." Per: Justice Ibrahim Tanko Muhammad J.C.A Suit No: Alh. Mohammed Sanusi v Ors., and. Alh. Mohammed Bello Gidiya & Ors. Citation: (2006) LPELR-9808(CA) J.C.A (P 18,Paras E-F) 9.3 As a result of the above, and among things, it will be more reasonable to restrict my comments to the Pending Motions set aside for determination on 19th of January, 2015 as against making comments on the Substantive Appeals, which hearing date yet to be fixed. 9.4 Thanks. Name: Yusuf Nurudeen (B. Sc, AAT, ACA) Head Office Address: CCNL Zonal Headquarters, Position: CCNL Marketing Manager Number 4, Ogudu Road, Ojota, Lagos State. Ondo State Office: Position: CCNL Ondo State Manager No 32. Oba-Adesida Road, Opposite Airtel Office, S.O. Area, Akure. Mobil Number: +2347032522248 CCNL Twitter Name: www.twitter.com/Comandlem_Nig CCNL Corporate Facebook Address: www.facebook.com/comandclemnigerialimited[/size] 1 Share
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| Re: Comandclem Nigeria Limited Versus Mobil Producing Nigeria Unlimited by YusufAkure(m): 2:23am On Jan 12, 2015 |
Comandclem Nigeria Limited Announcement This is to inform the entire Patentees of Comandclem Nigeria Limited in Nigeria and across the globe that (1) Monday, 12th of January, 2015 and Thursday, 15th of January, 2015 have been set aside to observe fasting and prayers. Prayer Point For successful rulings on all the outstanding motions on 19th of January, 2015 before the Honourable Justices of the Supreme Court of Nigeria, most especially The Restoration Application. Thanks for your compliance. May God answer our prayers. Amen Signed: Yusuf Nurudeen (ACA) CCNL Marketing Manager For The Management
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