Copyright Infringement: Again, Ann Njemanze absent in court to present case against Zeb Ejiro

Nollywood actress Ann Njemanze has yet to appear before the Federal High Court, 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 on the name ‘Domitilla’ she had trademarked in 2020.

The actress, famed for playing the titular character in the 1996 classic movie Domitilla, directed by Ejiro, registered the name (Domitilla) in 2020. Ejiro previously produced and released a sequel, ‘Domitilla 2’, in 1999. She sued him for infringing on her trademarked name and demanded N50 million for the registered trademark infringement.

In a lawsuit filed at the Federal High Court of Nigeria (Suit No. FHC/L/CS/2305/2022) by her legal team, led by Mr Aguegbodo, Njemanze accused Ejiro and other defendants of violating the exclusive rights to her trademark, ‘Domitilla & Device’, which she registered on 16 September 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, ever since the actress demanded an injunction restraining the defendants or any other person from using her trademark ‘Domitila’ or any other mark that is deceptively similar to the registered trademark, she has not appeared in court.

Court Ruling

In a statement sent to this newspaper on Thursday, Rockson Igelige, Ejiro’s lawyer, said: “Her lawyer’s excuse has always been she is out of the country. Meanwhile, we asked the court to strike out her case for want of diligent prosecution or, in the alternative, the cost of N700,000 should be awarded against her. The court granted the cost of N200,000 against her.

Mr Igelige also said the court adjourned the issue to the 4th and 5th of December so that she could present her case.

“That the court will no longer tolerate her absence again. Her absence on the said days will make the court strike out her case so that Zeb Ejiro can prove his N500m naira counterclaim against her,’’ he said.

Mr Igelige explained to this newspaper the ongoing legal battle between Njemanze and Ejiro, highlighting the issues and delays.

“The original suit she filed was defective because they didn’t sign the writ of summons. So, we released the preliminary objection, so we did it and re-filed it again.

They added Omoni Oboli as the fourth defendant. So, in the process of looking for Omoni Oboli to start—I think she was also in Canada—they could not find her, and then there was some delay.

“So until sometime on the 24th of October 2023, we were in court, and they withdrew a case against Omoni Oboli. We now fixed 20 February and 22 February 2024 for trial. They have only one witness; we have only one witness. So, while we were preparing for trial, they wrote a letter to the administrative judge of the state high court stating that the court was causing a delay in the matter and that they should transfer it to another judge. So when the admin judge got the letter, he said they should copy us.

So we replied. We said no. Under Honourable Justice Lifu, the court never caused any delay. The case was transferred from Justice Lifu Court to Ogazi Court 13, headed by Honorable Justice Ogazi.

Lamenting Njemanze’s absence at the Thursday hearing, Mr Igelige said, “This is the third time we are going there now for her to present her case before the court, but she consistently has been absent. We were in court yesterday, and her lawyer brought the same story – Ann travelled abroad to represent a company. So, I said in court, it’s a matter of the worth of the diligent prosecution. I have never seen her in court”.

As of press time, this newspaper could not get a response from Ms Njemanze’s legal representative, Mr Aguegbodo, as he didn’t respond to calls or messages.

Domitilla

Domitilla, a crime drama film, tells the story of a young Domitilla Junior who gets into adventurous, romantic escapades for survival. She and her gang of prostitute friends are unfortunately caught up in the mysterious death of a politician and must do everything possible to prove their innocence.

Domitilla featured A-list actors such as Njemanze, Sandra Achums, Kate Henshaw, Adah Ameh, and the late Enebeli Elebuwa.

The film also made the likes of the late Ada Ameh and Alex Lopez instant celebrities.

In April 2023, the highly anticipated ‘Domitilla: The Reboot’ was released on Netflix.