CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an Appeal brought by the Defendant/Appellant against the decision of Archibong J. Of Federal High Court, Lagos delivered on the 6th day of November, 2008 refusing to grant the prayers contained in the two Motions on Notice dated 26th September, 2008, for leave to amend its Statement of Defence and to recall PW1 for continuation of cross examination.
The substantive case is a consolidated suit for trade mark infringement and passing off instituted by the Respondent/Plaintiff by a writ of summons dated 17th September, 2001. The Respondent/Plaintiff, in its amended statement of claim, dated 26th January, 2002, prayed the Honourable Court inter alia for injunctive reliefs and general damages of One Million Naira. The Appellant/Defendant subsequently filed their statement of Defence and other processes. On the 12th day of June, 2008, trial commenced with the evidence in Chief of PW1. At the end of his testimony, the …