Facts:

The respondent Company produced ball point pens under the trade name and mark “CHARZIN” following publications in certain newspapers particularly, The Vanguard of Friday 18 August 1995, the respondent (as plaintiff) commenced an action in the High Court of Lagos State claiming that the appellants had falsely and maliciously published images of its products in its style and get up with its name “CHARZIN” under a caption “AVOID IMITATIONS”.

The respondent claimed that the ordinary meaning of the publication was that its ball point pens were counterfeit and or of poor quality. The respondent claimed damages and injunctions restraining further publication. The appellants who were defendants in the trial court immediately entered a conditional appearance