DUWIN PHARMACEUTICAL AND CHEMICAL CO. LTD. V. BENEKS PHARMACEUTICAL AND COSMETICS LTD. & ORS.

A.M. MUKHTAR, J.S.C. (Delivering the Leading Judgment): On a motion ex parte brought by the appellant against the defendants who are now the respondents the learned trial Judge of the Federal High Court holden in Lagos made amongst others the following interim orders:

"(1) That leave is hereby granted to the plaintiff/applicant to sue the defendants/respondents on their own behalf and as representing all members of the class defined as engaged in the trade or business of selling or offering for sale and/or manufacture of a dermatological preparation called "HOT MOVATE GEL" purporting to be a product of the plaintiff by adopting a trade mark, get up or/and package design similar to and capable of being offered for sale as the applicant "movate" cream.

(2) That the defendants/respondents and each of those on whose behalf the defendants/respondents are sued whether acting by themselves or by their servants or agents or otherwise howsoever are hereby restrained pending the determination o…