The Digest:
In a major legal victory for KPMG Nigeria, the Court of Appeal has ruled that the Corporate Affairs Commission (CAC) improperly registered the name “KPMG Professional Services.” The court’s decision nullifies the registration, granting KPMG Nigeria all the reliefs it sought.
Key Points:
- Court ruled KPMG Nigeria’s name rights were violated under Section 662(1)(d) of CAMA 1990.
- KPMG Nigeria had contested the registration of a similar name by KPMG Professional Services since 2002.
- The lower court’s ruling was rejected by the Court of Appeal, which found insufficient evidence of a merger.
- The court highlighted KPMG Nigeria’s earlier registrations, including KPMG Audit and KPMG Consulting, as evidence of prior rights.
- CAC’s action was deemed contrary to the Companies and Allied Matters Act (CAMA) by allowing a similar name registration without proper checks.
- The court ordered the deregistration of KPMG Professional Services and issued a perpetual injunction to prevent its usage.
This ruling upholds the primacy of statutory protection for existing business names, affirming KPMG Nigeria’s claim to its registered names and directing the CAC to remove the contested registration. This decision emphasizes the importance of legal safeguards in corporate name rights.
Sources: The Guardian, The Nation
