AUGIE, J.S.C. (DELIVERING THE LEADING RULING): The applicant, who is the first respondent in the substantive appeal, is praying the court for leave to adduce additional evidence on appeal. The appellant/respondent (hereafter referred to as the respondent), was the plaintiff at the Federal High Court wherein it claimed inter alia:
A declaration that by virtue of a Certificate of Trade mark Registration issued to the plaintiff in class 9 and in Class 11 respectively and particularly the registration since 1996, the plaintiff is entitled to the exclusive use of the Trademark “LEXUS!” in Classes 9 and 11.
The applicant, as the first defendant at the trial court, denied the allegations, and also claimed that it is the registered proprietor and owner of the Trademark LEXUS in Nigeria with respect to vehicles and spare parts in Class 12 of the Fourth Schedule of the Trademarks Act.
But the applicant failed to tender any proof of registration of its LEXUS trademark registration in the said Clas…