EMMANUEL AKOMAYE AGIM, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the Judgment of the Court of Appeal delivered on 31-3-2009 in Appeal No. CA/E/236/2006 dismissing the appeal and affirming the judgment of the Federal High Court at Enugu delivered on 4-10-2005 in Suit No. FHC/EN/CS/133/2004 holding that the plaintiffs (respondents herein have a right and cause of action that the suit is competent, that the challenge to the validity of the registration of the plaintiff's Patent, Designs and Trade Mark Certificate is not valid for consideration for non-compliance with the procedure prescribed for such challenge, striking out the statement of defence and counter-claim for abuse of process, and entering judgment in favour of the plaintiffs granting them the reliefs they claimed for in their further amendment statement of claim.
The parties herein have filed, exchanged and adopted their respective briefs as follows - appellant's brief and respondent's brief.
The appellant's…