Michael Chigozie Alagwu v. Bukola Elemide & 3 Others

Law Cases and Principles

Michael Chigozie Alagwu (Tempoe) v. Bukola Elemide (Asa) & 3 Others

NIPJD CitationNIPJD/FHC/2022/L-CS-1262-22
Document TypeCase Record
CourtFederal High Court of Nigeria, Lagos Judicial Division
Suit No.FHC/L/CS/1262/22
Decision Date20 July 2022
JurisdictionNigeria
JudgeHon. Justice P. O. Lifu (JP)
Area of LawCopyright
SubjectCopyright Infringement; Musical Works; Interim Injunction; Distribution; Sale; Performance
LegislationCopyright Act, Cap. C28, Laws of the Federation of Nigeria 2004
StatusInterim Order
SourceInterim Injunction dated July 20th, 2022

Parties

BETWEEN

MICHAEL CHIGOZIE ALAGWU (“TEMPOE”)
Plaintiff/Applicant

AND

  1. BUKOLA ELEMIDE (“ASA”)
    1st Defendant/Respondent
  2. PEACE EMMANUEL OREDOPE (“P.PRIIME”)
    2nd Defendant/Respondent
  3. PLATOON LTD
    3rd Defendant/Respondent
  4. RUE 11 LIMITED
    4th Defendant/Respondent

Case Summary

Copyright Infringement, Musical Works, Interim Injunction – The Plaintiff/Applicant, Michael Chigozie Alagwu, professionally known as Tempoe, commenced proceedings against Bukola Elemide (Asa), Peace Emmanuel Oredope (P.Priime), Platoon Ltd and Rue 11 Limited in relation to the musical works “IDG” and “Love Me or Give Me Red Wine.”

Pending the determination of the Plaintiff/Applicant’s Motion on Notice, he applied to the Federal High Court for interim relief restraining the Defendants/Respondents from further dealing with the two musical works.

On 20 July 2022, Hon. Justice P. O. Lifu granted an interim injunction restraining the Defendants/Respondents, whether by themselves, their assigns, agents, privies, servants or anyone acting on their behalf, from further distributing, offering for sale and performing either of the musical works in whatever manner pending the determination of the Motion on Notice.

The court directed that the Motion on Notice be served on the Respondents within seven days.

Order of the Court

The Federal High Court ordered that:

  1. The Defendants/Respondents were restrained, whether by themselves, their assigns, agents, privies and servants or anyone acting on their behalf, from further distributing, offering for sale and performing any of the musical works titled “IDG” and “Love Me or Give Me Red Wine” in whatever manner pending the determination of the Applicant’s Motion on Notice.
  2. The Motion on Notice was to be served on the Respondents within seven days from the date of the order.
  3. The Plaintiff/Applicant was granted leave to publish a copy of the enrolled order in at least one national newspaper circulating in Nigeria.
  4. Due to the impending annual vacation of the court, the Motion on Notice was fixed for hearing on 26 September 2022.

Outcome

Interim injunction granted.

The order temporarily restrained the Defendants/Respondents from further distributing, offering for sale or performing the musical works “IDG” and “Love Me or Give Me Red Wine” pending determination of the Plaintiff/Applicant’s Motion on Notice.

The interim order did not constitute a final determination of the Plaintiff’s copyright infringement claims or ownership of the musical works.

Appearances

For the Plaintiff/Applicant: Adefoworola Tokan-Lawal and Isaac Ayabomi (Osuntuyi of Osuntuyi & Tokan-Lawal Law).

Michael Chigozie Alagwu (Tempoe) v. Bukola Elemide (Asa) & 3 Others

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