M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Respondents in this appeal commenced suit no. FHC/AB/CS/1/96 at the Federal High Court Abeokuta, Ogun State against the Appellants. The former's claim against the latter was for the sum of N287,034,188:00k damages and N82,613,133:00k interest for an alleged breach of contract relating to product Labels.
At the conclusion of pleadings, Appellants by a motion on notice challenged the jurisdiction of the court to hear Respondents' suit. Before the objection was heard, Respondents sought and obtained leave of the court to amend particulars of their statement of claim. Appellants herein appealed against the lower court's ruling granting Respondents leave to amend their claim. Appellants also had proceedings in the suit stayed by the trial court.
On 7th March 1997 the Respondents filed and served Appellants a notice of discontinuance of their action. The notice of discontinuance is dated 5th March 1997. Appellants thereupon by a …