A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): This appeal was after argument on the 27th September, 1988 summarily dismissed with costs assessed at N500 to the Respondents. I indicated then that I will give my reasons today. I herein below state my reasons.
The very narrow point of law which fell for determination in the Federal Revenue Court was whether that Court had jurisdiction in an action for infringement of a registered trademark where damages for passing-off of the goods has also been claimed.
The appeal to this court arose in this way. Plaintiff hereinafter referred to as the Respondent brought an action dated 27/11/79 in the Federal High Court, Enugu, claiming from the Defendants hereinafter referred to as the Appellants as follows:-
CLAIM
"(1) The Plaintiff who has its registered office at No.132 Awka Road, Onitsha is the registered proprietor of trade mark described as NISHMACO and registered as No. 17229 on 6/2/66 under Section 22 and regulation 35 of Cap. 1…