Facts:

On 11/2/2011, the Appellant made an application to the 2nd Respondent for the registration of Air Amplifier, Air Multiplier and Bladeless Fan, as Trademarks. In the acceptance form dated 16/2/2011, it was specified by the 2nd Respondent that the said Trademarks will in due course be advertised in the Trademark Journal, further to which the Trademarks were published in the said Trademark Journal on 15/9/2012. Meanwhile, on 7/12/2011, the 1st Respondent filed a Notice of Opposition to the said registration, and in response, the Appellant filed its Counter-Statements. However, while the opposition proceedings were still pending, the Appellant, by an originating motion, commenced an action at the Federal High Court (trial Court). The 1st Respondent, who was duly served by substituted means, did not file any processes, or put in appearance when the application was heard, wherein the learned trial Judge delivered his ruling, thus granting the reliefs sought by the Appellant.

Dissatisfied, the 1st Respondent appealed to the Court of Appeal (lower Court), wherein its major complaint was that the learned trial Judge erred when he assumed jurisdiction over the suit prior to the conclusion of the opposition proceedings before the 2nd Respondent. The lower Court upon consideration of issues submitted before it, allowed the 1st Respondent’s appeal.

Also dissatisfied with the decision of the lower Court, the Appellant appealed to the Supreme Court.