Facts:

In this case “Paterson” sued “Multibras” in the Federal High Court and joined The Registrar of Trademarks and asked for the following reliefs:-

Extension of time within which to file an application for leave to apply for an order of Certiorari.

Leave to apply for an order of Certiorari to remove into this Honourable Court and quash the Acceptance of the application to register the Trademark “CONSUL” made by the Registrar of Trademarks, notice whereof is referenced as No. RTM30634/81 dated 15th October, 1981.

The Federal High Court granted the application as presented. In addition, the Federal High Court actually went ahead and ordered “… the said Acceptance reference RTM30634/81 is now to be brought before this Court for the purpose being quashed”. And also that “…..the Applicant’s application already accepted as acceptance No RTM 300013/76 advertised forthwith in the trade marks journal”

“Multibras” being dissatisfied with the decision appealed to the Court of Appeal.