Appellant had instituted an action against the Defendants/Respondents in June 1996 seeking an order of perpetual injunction restraining the Respondents and their agents and privies from passing-off or attempting to pass-off the Respondents' wigs and hair attachments as that of the Appellant by using the trade mark “Original Queens” and adopting a design which was identical to the Appellant’s “New Queen” products.

Appellant further claimed damages against the Respondents for passing off their fake products as the Appellant's and for infringing the Appellant's copyright.

While filing the writ of summons, Appellant filed an application for an Anton Pillar order which was granted by the trial Judge pending the determination of the motion on notice also filed by the Appellant.

After the execution of the order and seizure of their goods, the Respondents filed a motion on notice praying the trial Court to set aside, discharge and vacate the Anton Pillar order made ex parte.

The learned trial Judge dismissed the Respondent’ application to set aside while upholding the Appellant's motion for interlocutory injunction.

Dissatisfied, Respondents appealed to the Court of Appeal, which allowed the appeal and set the ruling aside.

Appellant appealed to the Supreme Court.