Facts:

Facts:

The appellant alleged infringement of its trademark by the respondent and filed an action against it at the Federal High Court, Lagos Division. The appellant contended that it registered a trademark in 2008 and that the respondent had been in breach of its car air freshener products, the subject of the trademark by using a similar trademark. It sought a perpetual injunction against the respondent from passing-off or attempting to pass off the goods of the appellant as its own. However, the respondent contended that the products were manufactured by a Chinese company which had been supplying the respondent as well as the appellant before the appellant registered the trademark without permission from the Chinese manufacturers. The matter went to trial and the court gave judgment in favour of the respondent and dismissed the claim of the appellant.

The appellant was aggrieved and filed a notice of appeal at the Court of Appeal, Lagos Division challenging the decision of the Federal High Court. One of the issues raised for determination was whether the lower court was right when it held that appellant did not prove a case of infringement and passing-off of its trademark by the respondent. The respondent raised a preliminary objection to the appeal on the ground that the grounds are of mixed law and fact and the appellant ought to have sought and obtained leave before filing them.