MOORE ASSOCIATES LIMITED; MOORE ONYEKABA v. EXPHAR S. A.; ST. MICHAEL PHARMACEUTICAL LIMITED
(MARY PETER-ODILI; JOHN OKORO; ABDU ABOKI; MUSA SAULAWA; TIJANI ABUBAKAR)
Exphar S. A. & St. Michael Pharmaceutical Ltd. (Respondents) filed a suit against Moore Associates Limited & Moore Onyekaba (Appellants) at the Federal High Court (trial court) claiming a perpetual injunction to restrain the Appellant from passing off or attempting to pass off a preparation for the treatment of malaria, which is not the Respondents' manufacture or merchandise, as the goods of the Respondents’ by the use of the Respondents’ Trademark "MALOXINE"; Importing, manufacturing, selling or offering for sale or supplying any preparation for the treatment of malaria with any package so closely resembling the Respondents’ Trade Mark which had been applied for, accepted and published for registration in class 5; Infringing the copyright in the artistic work of the plaintiffs' Trade Mark "MALOXINE" and its Get-up Logo and Package Design, among other reliefs. Both parties called evidence at the trial court and at the close of their respective cases, the trial court delivered judgment in favour of the Respondents. Dissatisfied with the judgment, the Appellants filed an appeal against it at the Court of Appeal (lower court) and also filed a motion on notice seeking stay of execution of the monetary judgment and the injunctive relief obtained. The lower court considered arguments for and against the grant of the stay of execution and refused the application for failure of the Appellants to show special circumstances why such stay should be granted.