Justice Emeka Nwite of the Federal High Court in Abuja has fixed May 28 for hearing the preliminary objection filed by Mamuda Beverages Nigeria Limited against a suit brought by Rite Foods Limited.

Rite Foods Limited filed a Writ of Summons in Suit No. FHC/ABJ/CS/705/2025, challenging the production of Pop Power Energy Drink, which it claims bears a striking resemblance to one of its own products.

At the Friday proceedings, the court ruled that it would first address the preliminary objection before considering any other application in the matter.

Justice Nwite emphasised that the application challenging the court’s jurisdiction, filed by Mamuda Beverages Nigeria Limited, must be determined first due to its decisive nature.

Rite Foods Limited, through its counsel, Booneyamen Lawal, SAN, had also filed a Motion Ex-Parte seeking preservative orders pending the hearing and determination of the substantive suit. The Motion Ex-Parte was initially scheduled for hearing on April 23, 2025.

However, Mamuda Beverages, represented by O.E.B. Offiong, SAN, filed a preliminary objection, arguing that Rite Foods had already initiated a similar suit on January 28, 2025 involving the same parties and issues, which had been concluded by the court.

Offiong stated that Mamuda Beverages had opted for a settlement without conceding to the allegations, and that this settlement was adopted and entered as a consent judgment by the Federal High Court on March 4, 2025.

He argued that despite the consent judgment, Rite Foods filed a new suit, an action he said constitutes an abuse of court process and strips the court of jurisdiction to entertain the case.