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The registration of a trade mark may not in all cases provide a complete defence to an action for infringement of trade mark or passing off. The basis of the concept and principle of passing off action is that a man is not to sell his own goods under the pretense that they are the goods of another man. There is no reason why a registered owner of a trade mark should be allowed to deceive purchasers into the belief that they are getting the goods of another while they would be buying the goods of the former which they never intended to do.

Negligence is said to be omission or failure to do something which a reasonable man, under similar circumstances, would do or doing of something which a reasonable and prudent man would not do. Put differently, negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.

A customary tenancy involves the transfer of an interest in land from the customary landlord or overlord to the customary tenant, and which interest entitles the customary tenant to exclusive possession of the land and, subject to good behaviour, he holds in perpetuity. [Akinbade v. Babatunde (2018)7 NWLR (Pt. 1618) 366; Dashi v. Sat long (2009) 5NWLR (Pt. 1134) 281; Lasisi v. Tubi (1974) 12 SC 71; Ejeanalonye v. Omabuike (1974) 1 All NLR 295 referred to.] (Pp. 422-423, paras. H-B).