C. N. EKWUOGOR INVESTMENT (NIG) LTD.
V.
ASCO INVESTMENT LTD.

JOHN INYANG OKORO, JCA (Delivering the Leading Judgment): The Respondent, who was Plaintiff at the court below, has for years carried on business mainly as importer and marketer of general merchandise particularly Lude Shoe Polish having been appointed an exclusive distributor and Attorney of Shanghai Light Industrial International (Group) Corporation Limited, the manufacturer and owner of the trade mark of the said polish. The registered proprietor of the trade mark is a Chinese company while the Respondent is domiciled in Nigeria. The Respondent has a special Power of Attorney evidencing this transaction. It is the Respondent's case as shown in his statement of claim that sometime in March, 1999, it came to its knowledge that the Appellant and some others were selling and passing off Lude Shoe Polish not of the Respondent's distribution and not having any connection with the Respondent. Also, that the Appellant was selling at a lower price which led to substantial loss in the busine…