Court sets date to hear NBC’s application to dismiss Rite Foods’ contempt suit

A Federal High Court sitting in Lagos on October 27 set a new date for the hearing of the Nigerian Bottling Company application to dismiss the contempt suit filed by Rite Foods against the NBC.

The court said would not hesitate to award punitive costs against Rite Foods if it finds no basis for the contempt proceedings.

This followed the September 27 ruling by Justice C.J. Aneke, upholding the objection filed by NBC’s counsel, suspending further hearing of Rite Foods case and discharging the exparte order obtained by it against NBC in February 2021.

The Court  also refused Rite Foods motion for interlocutory injunction seeking to prevent the NBC from marketing or distributing Predator Energy drink in Nigeria.

Following this development, Justice A.L. Allagoa has now set November 15 to hear NBC’s application to dismiss the contempt suit.

At the hearing on October 27, O. Opasanya (SAN) and Mark Mordi, counsel to NBC and its Managing Director, informed the court that since Rite Foods counsel had failed to withdraw the contempt suit, they had no option than to file a formal motion to have it dismissed with substantial costs against the firm.

In response, Justice Allagoa warned that the Court would not hesitate to award punitive costs against Rite Foods if it finds no basis for the contempt proceedings.

The Court’s records show that NBC continues to assert that there has been no trademark violation or passing off with its Predator Energy drink and maintains that the Predator brand logo had been in existence and in use in many markets even prior to the launch of Fearless by Rite Foods in the Nigerian market.