Facts:

The 1st – 3rd Respondents claimed before the Federal High Court, Lagos Division (lower court) to be the registered proprietors and users in Nigeria of the word “CITI” trademark and other trademarks in the “CITI” family in classes 9, 16, 35 and 36 since 1984. Sometime in 2008, the 1st – 3rd Respondents, who have over 200 million customers across the globe, discovered that the appellants were carrying on banking and financial services under the name of “CITI” which they had used in banking and financial industry/sector since 1984. As a result of the appellants’ conduct, the 1st – 3rd Respondents’ customers had been misled and confused to think that the appellants were related to them. The appellants’ infringement of “CITI” trademark and name had caused damage to the first – third respondents’ business, reputation and goodwill which they acquired in Nigeria over the years. The appellants continued in the infringement of the “CITI” trademark and name despite repeated demands by the 1st – 3rd Respondents for their abatement. Sequel to that, the1st – 3rd Respondents, via a writ of summons instituted an action against the Appellants. In reaction, the Appellants, upon service of the processes on them, joined issue with the 1st – 3rd Respondents and denied liability by filing a joint statement of defence.

Therein, they claimed ownership and usage of the mark, “CITI”, in their financial services before the 1st – 3rd Respondents, raised objections to the 1st – 3rd Respondents’ registration of it and its revocation. Consequently, they counter-claimed. Following the discordant claims, the lower court had a full-blown determination of the case. In a considered judgment, the lower court struck out the appellants’ statement of defence and counter-claim and granted the 1st – 3rd Respondents’ claim.

Dissatisfied with the decision of the lower court, the Appellants appealed to the Court of Appeal.