Nollywood actress Ann Njemanze is yet to appear before the Federal High Court in Ikoyi, Lagos State, for the third time to present her case against Zeb Ejiro, a Nigerian filmmaker.
PREMIUM TIMES reported that in 2022, Njemanze sued the famous filmmaker and two others for infringing the name 'Domitilla' that he had registered in 2020.
The actress, famous for playing the title character in the 1996 classic film Domitilla, directed by Ejiro, trademarked the name (Domitilla) in 2020. Ejiro previously produced and released a sequel, 'Domitilla 2', in 1999. She sued him for infringe on his trademark name and demanded N50 million for the trademark infringement.
Ann-Njemanze-and-Zeb-Ejiro
In a suit filed before the Federal High Court of Nigeria (Suit No. FHC/L/CS/2305/2022) by his legal team, led by Mr. Aguegbodo, Njemanze accused Ejiro and other defendants of violating the rights exclusive to your brand. 'Domitilla & Device', which he recorded on September 16, 2020.
Zeb Ejiro Productions had also revealed a collaboration with FilmOne Entertainment and Omoni Oboli's Dioni Vision to remake the film that year and release the Nollywood classic in 2021.
However, since the actress sought a court order restraining the defendants or anyone else from using her trademark 'Domitila' or any other trademark deceptively similar to the registered trademark, she has not appeared in court.
Zeb Ejiro (far right) flanked by his lawyer Rockson Igelige and others with Zeb Ejiro after the court session after Ann failed to appear. The court awarded N200,000 against him. Court ruling
In statements sent to this newspaper on Thursday, Rockson Igelige, Ejiro’s lawyer, said: “Her lawyer’s excuse has always been that she is out of the country. In the meantime, we petitioned the court to dismiss his case for lack of diligent prosecution or alternatively, he should be sentenced to N700,000. The court awarded him compensation of N200,000.
Article page with financial support promotion
Igelige also said the court adjourned the matter until December 4 and 5 so that she could present her case.
“That the court will no longer tolerate his absence. Her absence on the said days will cause the court to dismiss her case so that Zeb Ejiro can prove his N500 million counterclaim against her,'' he said.
Igelige explained to this newspaper the ongoing legal battle between Njemanze and Ejiro, highlighting the problems and delays.
“The original complaint he filed was defective because they did not sign the summons. So we dismissed the preliminary objection, so we did that and refiled it.
They added Omoni Oboli as a fourth accused. So in the process of looking for Omoni Oboli to start (I think she was also in Canada), they couldn't find her and then there was a delay.
“So until October 24, 2023, we were in court and they withdrew the case against Omoni Oboli. We now set February 20 and February 22, 2024 for the test. They have only one witness; We only have one witness. Then, as we were preparing for trial, they wrote a letter to the administrative judge of the state superior court stating that the court was causing a delay in the matter and that they should transfer it to another judge. So when the administrative law judge received the letter, he said they should copy us.
So we responded. We said no. Under Honorable Judge Lifu, the court never caused any delay. The case was transferred from the Lifu Court of Justice to Ogazi Court 13 headed by Honorable Justice Ogazi.
Lamenting Njemanze's absence at Thursday's hearing, Mr Igelige said: “This is the third time we have gone there for her to present her case in court but she has been consistently absent. Yesterday we were in court and her lawyer told the same story: Ann traveled abroad to represent a company. So, I said in court, it's a question of the value of diligent pursuit. “I have never seen her in court.”
At the time of going to press, this newspaper was unable to obtain a response from Ms Njemanze's legal representative, Mr Aguegbodo, as he did not respond to calls or messages.
READ ALSO: MOVIE REVIEW: Muri and Ko: family story with a predictable ending
Domitila
Domitilla, a crime drama film, tells the story of a young Domitilla Junior who embarks on romantic and adventurous escapades to survive. Unfortunately, she and her gang of prostitute friends find themselves caught up in the mysterious death of a politician and must do everything they can to prove his innocence.
Domitilla featured top-notch actors such as Njemanze, Sandra Achums, Kate Henshaw, Adah Ameh and the late Enebeli Elebuwa.
The film also made people like the late Ada Ameh and Alex Lopez instant celebrities.
In April 2023, the highly anticipated 'Domitilla: The Reboot' premiered on Netflix.