Facts:

The 1st respondent filed a suit against the appellant and the 2nd to 8th respondents at the Federal High Court, Lagos Division. The suit was initiated by the 1st respondent alleging infringement of its trademark “Tiger Head” in respect of dry cell batteries and passing-off, enabling or assisting others to pass-off of the same by the appellant and the 2nd, 3rd and 6th to 8th respondents. The 1st respondent alleged that the appellant and the 2nd, 3rd and 6th to 8th respondents were infringing its trademark by manufacturing, importing, selling or offering for sale dry cell batteries branded “Tiger Head” which is a registered trademark of the 1st respondent. The 1st respondent therefore sought an injunction against all the parties involved, damages of N25,000.000.00 (Twenty-Five Million Naira) against the 2nd, 3rd and 6th to 8th respondents and an order directing the 4th and 5th respondents to enforce the injunctive orders of the court.
The appellant, who was joined in the suit by an order of the court, filed a counterclaim and an application praying for an order that the Registrar of Trademarks be joined in its counterclaim. After hearing the parties on the application, the trial judge ruled against the appellant and dismissed the application. The appellant was dissatisfied with the ruling of the court and filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to overrule the trial court. One of the issues for determination is whether the learned trial judge wrongly construed and misapplied Order 54 Rule 8 of the Federal High Court (Civil Procedure) Rules 2000 in dismissing the appellant’s motion on notice to join the Registrar of Trademark as a defendant or co-defendant to its counterclaim.