OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of S. J. Adah J. of the Federal High Court sitting in Abuja. The said ruling was delivered on 31/3/04 striking out the Appellant's originating summons for incompetence.
The brief background facts of this case are that on 16/10/03 the Appellant through its solicitors applied to the Respondent amongst others, for a third generation spectrum mobile telecommunications license. The Respondent refused to grant the said license on the grounds that there were some prevailing regulatory and legal limitations being encountered by the Respondent at that time. This was communicated to the Appellant in the reply of the Respondent dated 28/10/03. Aggrieved by the reply the Appellant instituted an action as plaintiff at the Federation High Court, Abuja seeking declaratory and injunctive reliefs against the Respondent as defendant.
In the Appellant's originating summons, it sought for the direction of …