ALLIANCE INTERNATIONAL LTD V. SAAM KOLO INTERNATIONAL ENTERPRISES LTD

EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment): This appeal No. SC.77/2011 was commenced on 14-7-2010 when the appellant herein filed a notice of appeal against the judgment of the Court of Appeal delivered on 14-5-2010 in Appeal No. CA/L/147/2003 allowing the appeal in part by setting aside the trial Court's order of injunction in respect of Trade Mark 42696 and awarding 5 million naira as general damages in place of the trial court's award of 5.5 million naira as general damages in the trial Court's judgment delivered on 21-1-2002 in Suit No. FHC/L/CS/72/1993.

Both sides have filed, exchanged and adopted their respective briefs as follows: - appellant's brief raised four issues for determination as follows: -

1. Whether the Defendant/Appellant in possession of a Design Certificate is precluded from the use of such Design Certificate the Plaintiff/Respondent has a later Trade Mark Certificate identical to the Design Certificate of the Defendant/Appellant? (Ground 1)

2. …