ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Olatoregun J. of the Federal High Court, Ogun State delivered on the 27th day of June, 2007.
The respondent filed an originating summons dated 15th November, 2006 together with a motion on Notice also dated 15th November, 2006 praying the Honourable Court for an injunction of passing off against her name. Before the hearing of the application, the Appellants entered a conditional appearance and also filed a Notice of Preliminary Objection all on the same date being 30/1/2007.
For clarity the Notice of Preliminary Objection is reproduced here under:-
"TAKE NOTICE that before or at the hearing of the plaintiffs originating summons dated 15th November, 2006 and/or motion on Notice dated 20th December, 2006 and/or any other application(s) the 1st and 2nd defendants/applicant's shall rely on the following Preliminary Objection, that is to say, that;
i. The suit is grossly a…