The respondent sued the appellants herein and claimed as follows:
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1
"A perpetual injunction restraining the defendants and each of those upon whose behalf the defendants are sued, whether acting by themselves, their servants, assigns or privies otherwise howsoever from doing the following acts or any of them, that is to say:
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i
Passing –off or attempting to pass-off or causing, enabling or assisting others to pass –off wigs hair attachments not of the plaintiff" manufacture or merchandise as and for goods of the trade mark "original queens" or adopting the distinctive get – up, logo, packaging or label design identical in all essential detail to that of the plaintiff New Queen or any colourable imitation thereof without duly distinguishing such package from that of the plaintiff or by other means.
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ii
Manufacturing, imploring, selling or offering for sale or supplying wigs and hair attachments in any package or get-up bearing the name "original Queens" or any other words so closely resembling the plaintiff's trade mark "New Queen" applied for and accepted under TP 2457195 in class 26, as to be calculated to lead to the belief that the wigs and hair attachment not of the plaintiff's manufacture are products of the plaintiff.
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iii
Infringing the copying in the Artistic work of the plaintiff's Trade Mark "New Queen", it is get-up, logo, package and distinctive label.
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2
Delivering up for destruction upon oath of all wigs and hair attachments in packages and /or get-up not of the plaintiff's manufacture or merchandise yet bearing the trade Mark "Original Queens" identical to the plaintiff's trade mark "New Queen" and sold in the plaintiff's distinctive get-up, all moulds, raw materials, printing blocks and other materials in the possession, custody or control of the 1st defendant, their servants, agent, or privies or any of them, the use of would be in breach of the Injunction prayed for and verification upon oath that the 1st defendant have no such articles in their possession, custody or control.
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3
An order that the defendants and each of these upon whose behalf the defendants are used whether acting by themselves, their servants, agents or privies or any of them do make and serve upon the plaintiff an affidavit disclosing when to whom and in what quantities they have sold, sent or supplied, purchased or received any such wigs and hair attachment aforesaid, exhibiting true copies of all documents in their possession, power or custody or relating to the facts and matters therein disclosed and payment of all sums found upon making such an affidavit.
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4
The sum of N30,000.00 as damages against the defendants jointly and severely for passing-off their fake/counterfeit "Original Queens" wigs and hair attachments as and for the plaintiff's "New Queen" wigs and hair attachments as and for infringing the copyright in the artistic work of the plaintiff's trade mark, its get-up, logo, package and distinctive label.
At the same time of filing the action, the respondent also file a motion ex-parte praying for several anton pillar orders in terms similar to that claimed on the writ of summons pending the determination of the motion on notice.
The trial court granted the anton pillar orders which in the main all embracing.
Subsequently, the appellants filed an application to set aside or discharge the interim orders of anton pillar, contending inter alia that the respondent suppressed or concealed facts in its application for the anton pillar orders which if disclosed to the court would not have entitled it to the orders obtained.
The trial court in its ruling refused to set aside the anton pillar orders and granted the motion for interlocutory injunction which was argued together with the motion to set aside or discharge the anton orders.
The trial court in its ruling held inter alia that the facts alleged by the appellants to have been concealed by the respondent do not amount to material facts which if disclosed to the court would not have entitled it to the order obtained.
Dissatisfied, the appellants appealed to the court of Appeal.
