Rite Foods had initiated proceedings before Justice Chukwujekwu Aneke of the Federal High Court, wherein it obtained an exparte order restraining NBC from passing off its energy drink in a manner capable of infringing on its brand.of preliminary objection against the suit on the premise that Rite Foods’ applications were brought mala fide and were without merit as the suit lacked a firm ground to stand in law.
Justice Allagoa held that the court cannot hold a party in contempt when the order had been declared invalid and set aside, noting that such order is no longer capable of being obeyed or enforced. Counsel to NBC reiterated that both alleged contemnors are entitled to punitive costs from Rite Foods as it initiated the committal proceedings subjecting them to a “needless” and “avoidable” legal battle.Rite Foods’ counsel did not concede to cost and urged the court to dismiss the application by the NBC’s counsel, claiming that the proceedings were filed in good faith.
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