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Air Via Ltd. v. Oriental Airlines Ltd
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This is an appeal from the decision of the Court of Appeal which allowed the respondents’ appeal over the decision of the trial court per J. E. Shekarho J. which Ruling was set aside.
At the trial court, the appellant filed an action against the respondents for copyright infringement and sought certain reliefs. In response, the respondents filed a preliminary objection on the ground that the appellant lacked the locus standi to institute the action. In its ruling, the trial court dismissed respondents’ objection. Aggrieved with the ruling of the trial court, the respondents appealed to the Court of Appeal.
The lower court heard both parties and in its final decision, allowed respondents’ appeal thereby setting aside the decision of the trial court.
Dissatisfied with the decision of the lower court, the appellant appealed to the Supreme Court seeking for the determination of the court on whether it has the locus standi to sue for copyright infringement against the respondent.