Case Result

Caporn Industries Limited Vs. Registrar Of Trademarks & Sunmark Limited: Suit No. Fhc/Abj/Cs/715/18(Unreported)

Case Applicant: J. O. Mbamalu (with Chika Megwalu)
Case Respondent: Ikechukwu Duru, for the 2nd Respondent
Case Held: The Trade Marks Act, Sections 1 & 20(4) specifically gives powers to the Registrar of Trade Mark to carry out such functions under the direction of the Minister, except the function of taking decision which can be subject of appeal to the Court……. The question here is the Proceedings conducted by….a Principal Assistant Registrar. This singular act needs to be determined first. Can a person who was donated a power delegate such power? The simple answer is No. You cannot delegate what was donated to you. This position is encapsulated by the maxim: delegatus non postest delegare. The person who conducted the Proceeding ab initio was not seized with the powers, hence the tribunal was not properly constituted and lacked the requisite jurisdiction to preside over the proceedings as enunciated In the locus classicus: Madukolu Vs. Nkemdilim.
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