PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Borno State High Court sitting in its appellate jurisdiction presided over by A.G. Mshelia J, with M.A. Biu assisting delivered on the 25th day of July, 2001.
Learned Counsel for the Appellant filed his brief of argument on the 17th May, 2004. The Respondents had however filed a motion on the 2nd April, 2003 for an order striking out this appeal for want of diligent prosecution. That motion was subsequently withdrawn and struck out on the 11th May, 2004. The Respondents have however not filed any brief of argument hence this court decided due to the circumstances of the case and the security situation in the country, to hear the appeal based on the Appellant's brief alone. The record of appeal was however transmitted on the 5th July, 2002.
The brief facts of the case are that the Appellants as Plaintiffs instituted an action V. the Respondents as Defendants at the MOBBAR Area C…