Facts:

The respondents (Allied Signal et al) filed an action before the lower court claiming for infringement of trade marks and passing off against the appellants (Dike Geo Motors). In the course of the trial, the appellants filed an application praying for the dismissal of the respondents’ claims on the grounds that they are frivolous, vexatious and an abuse of the lower court’s processes. The basis of the said application was that the Trade Mark complained of was registered in the name of another Company on 8/10/96 under No.53200 in Class 4. A Copy of the registration certificate as well as notice of opposition by the 1st respondent to the application of the other Company’s (Dom Frank Nigeria Ltd) registration., were attached to the affidavit in support of the application for dismissal.

The respondents filed a counter affidavit and after a consideration of the evidence as well as addresses of counsel, the lower court dismissed the appellant’s application. The appellants lodged an appeal to this court.