The Federal High Court sitting in Abuja has ruled in favour of Mamuda Beverages Nigeria Limited to first hear its preliminary objection to the suit filed against it by Rite Foods Limited before any other application in the matter.
In a ruling delivered on the 25th of April, 2025, Justice Emeka Nwite held that due to its decisive nature, the application challenging jurisdiction filed by Mamuda Beverages Nigeria Limited takes precedence over Rite Food Limited’s motion exparte. Thus, the Court would hear and determine it before taking any further step in the matter.
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Rite Foods Limited approached the Court via Writ of Summons filed in Suit No. FHC/ABJ/CS/705/2025 to contest the production of Pop Power Energy Drinks over allegations that the drink has striking resemblance with one of its products.
The Company through its lawyer, Booneyamen Lawal, SAN filed alongside the Writ, a motion exparte seeking preservative orders pending the hearing and determination of the substantive suit filed by it against the defendant, Mamuda Beverages Nigeria Limited.
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The motion exparte was slated for hearing on 23rd of April, 2025. However, the defendant got wind of the application and swiftly filed through its lawyer, O E B Offiong, SAN, a preliminary objection challenging the Court’s jurisdiction to entertain the suit.
In its preliminary objection, the defendant complained that Rite Foods Limited had on 28th January, 2025, filed a similar suit over the same issue and between the same parties which has already been decided by the Court. It was stated that while not conceding to the allegations leveled against it by Rite Foods Limited, Mamuda Beverages Nigeria Limited opted for settlement which was adopted by both parties and entered as Consent Judgment by the Federal High Court on 4th March, 2025.
And that despite the Consent Judgment, the plaintiff proceeded to file the instant suit against it, submitting that it amounts to abuse of Court process, which robs the Court of jurisdiction to entertain it. The defendant further communicated its concern to the plaintiff through a letter written on the defendant’s behalf by Aliyu & Musa Legal Practitioners & Consultants on 17th April, 2025.
On the said hearing date, Booneyamen Lawal, SAN led a team of lawyers in representing Rite Foods Limited, while O E B Offfiong appeared as lead Counsel on behalf of Mamuda Beverages Nigeria Limited in company of four Senior Advocates of Nigeria and other lawyers.
After announcing his appearance, Mr Offiong drew the Court’s attention to the Preliminary Objection filed on behalf of Mamuda Beverages Nigeria Limited, submitting that the Court was bound to hear and determine it first, as it affects the jurisdiction of the Court to entertain the suit.
Mr Booneyamen disagreed with Mr Offiong’s position, submitting that the business of the day was hearing of the Plaintiff’s Motion Exparte and that the defedant ought not be heard owing to the nature of a motion exparte which precludes service on a defendant or an appearance by such defendant. He urged the Court to proceed with the hearing of the plaintiff’s motion exparte.
Following lengthy arguments by both senior counsel, the Court adjourned to 25th of April, 2025 for ruling on the application to be first heard by the Court.
The Court on 25th April, 2025, ruled in favour of the defendant, Mamuda Beverages Nigeria Limited, agreed with the position of its Counsel, Mr Offiong, and held that in the owing to its decisive nature, the defendant’s preliminary objection challenging the Court’s jurisdiction to entertain the suit has to be heard first before any other application in the matter.
In effect, the Court held that the defendant’s preliminary objection takes precedence over the plaintiff’s motion exparte seeking preservatory orders
The Court finally adjourned the matter to 28th of May, 2025 for hearing of the defendant’s notice of preliminary objection.
