Facts:

In the Federal High Court Ilorin Division the plaintiffs sued the defendants by way of a class action for themselves and as representing all members of the class including those persons defined as engaged in the trade or business of importing, manufacturing, distributing, selling and/or assisting in selling, infringing/passing off the “TRADITION” brand of cigarette purporting same to be the goods of the plaintiffs by adopting the get-up package, design and devices as similar to and being offered for sale as the plaintiffs’ Benson & Hedges product.

The defendants filed a Defence against the claims of the plaintiffs and Counterclaimed seeking inter alia damages for wrongful execution of the Anton Pillar orders earlier granted by the court at the business premises of the 1st defendant.

At the trial of the suit, the plaintiff adduced oral evidence through PW1-PW5 without adducing any evidence in respect of the 1st defendant’s Counterclaim whilst the 1st defendant adduced oral evidence through DW1-DW9 in respect of their Statement of Defence as well as their Counterclaim.

Counsel to the parties also filed Written Addresses and adopted their Written Addresses as their final addresses in the suit.

After a consideration of the oral and documentary evidence as well as the written addresses filed on behalf of the parties, the court gave judgment in favour of the plaintiffs on 24th July 2006.