The Abuja Division of the Federal High Court on Friday dismissed the objection raised by businessman, Sulaimon Adebola Adegunwa's Rite Foods Lt
Justice Emeka Nwite, in a ruling, agreed with counsel to Mamuda Beverages, Offiong Offiong, that when the jurisdiction of a court is challenged, the application must be given priority.
Mamuda Beverages Nig Ltd, the sole defendant in a suit instituted by Rite Foods Ltd, had filed a preliminary objection to challenge the jurisdiction of the court to entertain the matter.
The development occurred after Mamuda Beverages got wind of the ex parte motion filed by Rite Foods, the plaintiff, over alleged trademark infringement.
The plaintiff had filed the suit marked FHC/ABJ/CS/705/2025 to contest the production of Pop Power Energy Drinks by Mamuda Beverages over allegations that the drink has a striking resemblance to one of its products.
In the ex parte motion, the plaintiff had sought a preservative order of the court.
When the matter came up on Wednesday, Rite Foods Ltd’s counsel, Boonyamen Lawal, was taken aback to see Offiong in court for Mamuda Beverages Nig. Ltd.
Offiong had told the court that though the matter was scheduled for the plaintiff’s ex parte motion, a preliminary objection was filed on his client’s behalf, challenging the court’s jurisdiction.
The senior lawyer argued that irrespective of how a party becomes aware of a suit when it borders on the court’s jurisdiction, the preliminary objection ought to be heard first.
According to him, the principle is well settled that when an application is affecting the court, this has to be taken first.
Lawal, however, disagreed with Offiong’s submission.
The lawyer said he was only served with the preliminary objection, which Mr Offiong filed on Tuesday and would need time to respond, arguing that the motion was not ripe for hearing.
He said that though he did not object when Offiong announced the defendant’s appearance, the day’s business was the hearing of their ex parte motion.
After the two lawyers addressed the court, citing authorities to back their submissions, the judge fixed today for ruling.
Nwite, while delivering the ruling on Friday, held that without jurisdiction, the court could not validly make an order that would affect the parties.
Citing a previous Supreme Court decision, he said it was safer to err on the side of caution by determining the court’s jurisdiction first than to proceed on a matter with no jurisdiction.
The judge said no matter how well a proceeding was conducted, the court cannot toy with issues of jurisdiction.
The judge said that the argument of the counsel to the plaintiff that a preservative order could be heard while the issue of jurisdiction was still pending would be a wrong step.
Nwite subsequently adjourned the matter until May 28 for a hearing of the preliminary objection filed by Mamuda Beverages Nig. Ltd.
In the preliminary objection filed by Mamuda Beverages Nig Ltd, it argued that Rite Foods Ltd had filed a similar suit marked FHC/ABJ/CS/139/2025 before Justice Inyang Ekwo of a sister court.
The defendant said that the case, which was instituted on January 28 by the plaintiff via a motion ex parte, a motion on notice, and a writ of summons, had the same parties in the instant suit.
It averred that on January 31, Rite Foods’ ex parte application was granted, and the company executed the same on February 10.
Mamuda Beverages said the parties subsequently compromised and settled the suit on terms of settlement dated February 24 and that the terms of settlement were adopted on March 4 and entered as a consent judgment by Ekwo.
It said one of the agreements was that Mamuda Beverages should effect modifications to the product design of its Pop Power Energy Drinks before resuming production and sale, which it claimed it did.
According to the defendant, the present suit constitutes an abuse of the court process in that it seeks to relegate matters resolved in suit no FHC/ABJ/CS/139/2025.
Rite Foods Ltd had, In the suit before Ekwo, sought an order of perpetual injunction restraining the defendant, whether, by itself, distributors or any other person(s) however described, from infringing its registered design.
It urged the court to stop Mamuda Beverages from engaging in the trade or business of manufacturing, supplying, distributing or selling its Pop Power Energy Drink in Nigeria.
