Facts:

Facts:

The appellant was the 2nd claimant in a suit against the respondent at the Federal High Court, Lagos Division in which the claimants among several reliefs, sought a declaration that the use of the name “T. M. Lewin” by the defendant and all members of the class of persons represented by the defendant is a breach of the trade name of the appellant, which is registered at the Corporate Affairs Commission. The appellant and the 1st claimant also filed a motion ex-parte praying for an ex-parte order of Anton Piller against the respondent. The application was granted by the trial judge. However, upon being served with the order, the respondent filed a motion on notice praying the court to discharge the ex-parte order partly on the ground that the order was obtained by suppression, misrepresentation and non-disclosure of material facts and mainly that the 1st claimant was not a juristic person. The appellant responded to the application and filed its counter affidavit before a different judge who delivered his ruling discharging the Anton Piller order on the grounds of suppression, misrepresentation and non-disclosure of material facts. The court also struck out the substantive suit. The appellant was aggrieved by the ruling of the court and filed a notice of appeal at the Court of Appeal, Lagos Division. The parties filed their briefs and the respondent incorporated a preliminary objection in its brief challenging the competence of the appeal on the ground that the notice of appeal violated the Court of Appeal Rules by omitting the name of the 1st claimant in the suit.

One of the issues for determination was whether the trial court was right to have discharged the ex-parte order and striking out the suit.