M. L. GARBA, J.C.A: (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court Lagos in its ruling delivered on 13/4/99 in Suit No. FHC/L./CS/59 1/95. The Notice of Appeal dated the 27/4/99 contains two (2) grounds as follows:-
"GROUND ONE
The learned judge erred in law when he held that "the present action is not frivolous, vexatious and an abuse of court process" when he ought to have dismissed the action for being frivolous, vexatious and abuse of the process of court.
GROUND TWO
The learned judge misdirected himself in law when he held that "the contention of the Defendant's in this case appears to be hinged on the belief that the Defendants have a valid legal defence to the Plaintiffs' action."
Put briefly, the facts involved in the appeal are that Respondents herein filed an action before the lower Court in which they made claims of infringement of trade marks and passing off against the Appellants herein.
In the course of the trial, the Ap…