Facts:

The appellants, barrister Nkwocha, Mr. Akinwumi and barrister Wachy filed a writ and statement of claim at the Federal High Court, Abuja against the respondent, MTN Nigeria Communication Ltd and Econet Wireless Nigeria Ltd, where in the appellants alleged several breaches of contract by the respondents. They also alleged breaches by the respondents of their digital mobile licences in that the respondents failed to ensure that the traffic capacity provided in their systems would be dimensioned to guarantee a satisfactory grade of service.