PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice B.F.M. Nyako of the Federal High court, Abuja dated 2nd February, 2005, wherein the learned trial Judge struck out the appellant's suit in line with the decision in a sister/similar suit and for want of prosecution. The appellants being dissatisfied have filed this appeal.
Statement of Facts:
The appellants (as plaintiffs in the trial court) filed a writ and statement of claim on 25th March, 2004 at the Federal High Court, Abuja. In the suit, the appellants alleged several breaches of contract by the respondents (defendants in the Court below). They also alleged breaches by the respondents of their (i.e. respondents) Digital Mobile Licences in that the respondents failed (according to the appellants) to ensure that the traffic capacity provided in their systems would be dimensioned to guarantee a satisfactory grade of service.
The appellant therefore sought, inter alia, …