Power drink tussle: Courtroom guidelines in favour of Mamuda Drinks Nigeria Restricted

The Federal Excessive Courtroom sitting in Abuja has dominated in favour of Mamuda Drinks Nigeria Restricted to first hear its preliminary objection to the swimsuit filed in opposition to it by Ceremony Meals Restricted earlier than another software within the matter.

In a ruling delivered on the twenty fifth of April, 2025, Justice Emeka Nwite held that as a result of its decisive nature, the applying difficult jurisdiction filed by Mamuda Drinks Nigeria Restricted takes priority over Ceremony Meals Restricted’s Movement Exparte. Thus, the Courtroom would hear and decide it earlier than taking any additional step within the matter.

Ceremony Meals Restricted approached the Courtroom by way of Writ of Summons filed in Swimsuit No. FHC/ABJ/CS/705/2025 to contest the manufacturing of Pop Energy Power Drinks over allegations that the drink has hanging resemblance with one in every of its merchandise.

The corporate via its lawyer, Booneyamen Lawal, SAN filed alongside the Writ, a Movement Exparte looking for preservative orders pending the listening to and dedication of the substantive swimsuit filed by it in opposition to the defendant, Mamuda Drinks Nigeria Restricted.

The Movement Exparte was slated for listening to on twenty third of April, 2025. Nevertheless, the defendant received wind of the applying and swiftly filed via its lawyer, O.E.B Offiong, SAN, a preliminary objection difficult the court docket’s jurisdiction to entertain the swimsuit.

In its preliminary objection, the defendant complained that Ceremony Meals Restricted had on twenty eighth January, 2025, filed an identical swimsuit over the identical subject and between the identical events which has already been determined by the court docket. It was acknowledged that whereas not conceding to the allegations levied in opposition to it by Ceremony Meals Restricted, Mamuda Drinks Nigeria Restricted opted for settlement which was adopted by each events and entered as consent judgment by the Federal Excessive Courtroom on 4th March, 2025. And that regardless of the consent judgment, the Plaintiff proceeded to file the moment swimsuit in opposition to it, submitting that it quantities to abuse of court docket course of, which robs the court docket of jurisdiction to entertain it. The defendant additional communicated its concern to the plaintiff via a letter written on the defendant’s behalf by Aliyu & Musa Authorized Practitioners & Consultants on seventeenth April, 2025.

On the mentioned listening to date, Booneyamen Lawal, SAN led a workforce of attorneys in representing Ceremony Meals Restricted, whereas O.E.B Offfiong appeared as lead Counsel on behalf Mamuda Drinks Nigeria Restricted in firm of 4 Senior Advocates of Nigeria and attorneys.

After saying his look, Mr. Offiong drew the court docket’s consideration to the preliminary objection filed on behalf of Mamuda Drinks Nigeria Restricted, submitting that the court docket was certain to listen to and decide it first, because it impacts the jurisdiction of the court docket to entertain the swimsuit.

Mr. Booneyamen disagreed with Mr. Offion’s place, submitting that the enterprise of the day was listening to of the plaintiff’s Movement Exparte and that the defendant ought not be heard owing to the character of a Movement Exparte which precludes service on a defendant or an look by such defendant.. He urged the court docket to proceed with the listening to of the plaintiff’s Movement Exparte.

Following prolonged arguments by each senior Counsel, the Courtroom adjourned to twenty fifth of April, 2025 for ruling on the applying to be first heard by the Courtroom.

The Courtroom on twenty fifth April, 2025, dominated in favour of the defendant, Mamuda Drinks Nigeria Restricted, agreed with the place of its Counsel, Mr. Offiong, and held that owing to its decisive nature, the defendant’s preliminary objection difficult the court docket’s jurisdiction to entertain the swimsuit needs to be heard first earlier than another software within the matter.

In impact, the court docket held that the defendant’s preliminary objection takes priority over the plaintiff’s Movement Exparte looking for preservatory orders.

The court docket lastly adjourned the matter to twenty eighth of Might, 2025 for listening to of the defendant’s discover of preliminary objection.