IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal challenges the Ruling delivered by the Honourable Justice A. Kaka’an, on the 16th day of March, 2016 at the Makurdi Division of the High Court of Justice, Benue State of Nigeria whereof the Defendant/Appellant’s Application in Motion No. MHC/46M/2016, dated 12th day of January, 2016 was dismissed on the grounds that the claim of the Plaintiff/Respondent disclosed reasonable cause of action and did not constitute any abuse of Court process. Dissatisfied with the decision of the trial Court, the Appellant invoked the jurisdiction of this Court by filing a Notice of Appeal dated 31st day of March, 2016 predicated on two (2) Grounds which I reproduce hereunder with their respective particulars.
“GROUNDS OF APPEAL
GROUND ONE (MISDIRECTION OF LAW):
The learned trial Judge misdirected himself in law and thereby occasioned a miscarriage of justice when it held:
“It is clear from the case put up by the Plaintiff that he see…