bloomshorts Landmark Ruling Against KPMG Professional Services
The Court of Appeal in Lagos has made a decisive ruling, ordering the Corporate Affairs Commission (CAC) to expunge ‘KPMG Professional Services’ from its register. This decision comes after a prolonged legal battle over the name’s similarity to the well-established KPMG Nigeria.
Legal Implications and Injunction
Justice Abdullahi Mahmud Bayero, delivering the unanimous verdict, emphasized the improper registration under the Companies and Allied Matters Act. A perpetual injunction was also granted, barring KPMG Professional Services from any future business under the contested name.
Background of the Case
KPMG Nigeria initiated legal proceedings in 2002, challenging the CAC’s approval of ‘KPMG Professional Services’. The firm argued the name’s deceptive resemblance to its own, which has been in use since 1969. Despite an initial dismissal by the Federal High Court, the appellate court found the evidence of a merger insufficient, overturning the lower court’s decision.
Court’s Final Decision
The appellate court underscored the precedence of KPMG Nigeria’s registration and criticized the CAC for permitting a confusingly similar name. The ruling reaffirms the legal principle that one cannot assign a business name already held by another entity.
