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Showing posts with label rejects. Show all posts
Showing posts with label rejects. Show all posts

Friday, December 6, 2019

UK court rejects Ogoni suit judgment against Shell - NaijaAgroNet

A United Kingdom-based court has dismissed the application by some leaders of Ejamah Ebubu community in Ogoniland to register the judgement of a Nigerian Federal High Court in the country for enforcement, reports NaijaAgroNet.

Claimants had applied to register the judgement to enforce a N183 billion judgment sum, which was the judgement sum and the interest over the spill incident in the community in or about 1969, a spill Shell Petroleum Development Company said arose from third party activities during the Nigerian civil war.

The company also said the spill site had since been remediated.
The claimants recalculated the High Court judgement of N17 billion plus interest to be N183 billion as at January 2019, but admitted to the UK court that the sum was overstated.

The claimants also obtained an order of a Nigerian court to seize and sell the assets of SPDC to satisfy the said judgment, while the matter is still the subject of several proceedings, including pending appeals at the Court of Appeal and the Supreme Court of Nigeria.

In the judgement, on Thursday, a copy of which was obtained by NaijaAgroNet, the UK court declined the request for registration of the Nigerian court judgment after finding that SPDC suffered a serious breach of natural justice “through being prevented from presenting its defence to the claim” in Nigeria.

The court also the claimants overstated the judgement sum.
Reacting to the ruling, spokesperson for Shell Nigeria, Bamidele Odugbesan, said: “This spill was caused by third parties during the Nigerian Civil War, a challenging period which resulted in significant damage to oil and gas infrastructure in the region. While SPDC does not accept responsibility for these spills, the affected sites in the Ebubu community were fully remediated.

“We are pleased that the English court has rejected the registration of this judgement for enforcement in the UK. This matter is still the subject of several proceedings in the Nigerian Courts, including pending appeals at the Supreme Court of Nigeria, and it remains our position that no payment is due. It is regrettable that the legal process in this case has focused for so long on procedural issues and not the merits of the case when we have always maintained that we are ready to defend this case based on the available facts.”

Isaac Oyimah/Editor

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Thursday, May 18, 2017

Court rejects Nestle’s trademark claims over Kit Kat bar

A London court penultimate Wednesday, May 17, 2017 has rejected an attempt by Nestle to trademark the distinctive four-fingered shape of the KitKat chocolate bar in Britain, reports NaijaAgroNet.

According to The Washington Times, the four finger KitKat bar, which is characteristic of Nestle’s Kit Kat bar not a trademarkable feature, the Court of Appeal ruled Wednesday, in what the BBC described as “the latest twist in a decade-long UK chocolate wars saga between Nestle and Cadbury.”

NaijaAgroNet recalls that issue at stake has been the sale in the U.K. of the Norweigan candy bar, Kvikk Lunsj, which also has a four-finger shape, although its packaging is distinctive and not readily confused with that of the Kit Kat bar.

The UK court affirmed the evidentiary findings of a lower court, which had rejected Nestle’s claim for trademark protection.

“As the Hearing Officer said here, trade marks are intended to permit consumers to make informed choices between the competing goods of different undertakings in the course of trade,” Lord Justice David Kitchin wrote for the court. “The shape of the KIT KAT bar has not been used to promote or market KIT KATs in recent times. It has nothing, therefore, to do with the informed choices that consumers make between similar products.”

For its part, Nestle suggests the ruling is out of step with legal protections in other country where Kit Kat is sold.


“NestlĂ©’s four-finger shape has been granted trademark registration in many countries of the world, for instance,” The Washington Times reported.

Uboshe Uboshe/GEE
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