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A. B. WALI, J.S.C. (Delivering the Leading Judgment): The germane point raised in this appeal is the exercise of right of appeal under the provisions of Sections 220(1)(a) and (b), 221(1), 222 and 213 of the 1979 Constitution.
The facts of the case involved in the appeal can be briefly stated as follows:-
By a Writ of Summons issued out in the High Court of Justice. Ondo State, Akure Judicial Division, Akure, the plaintiff, Aqua Limited claimed against Ondo State Sports Council as follows:-
"The plaintiff's claim is for the sum of ₦68,357.94 being money owing and due from the defendant to the plaintiff under a contract dated 4th May, 1978, between the plaintiff and the defendant in connection with the construction of Akure Stadium swimming pool."
Pleadings were ordered and exchanged and issues joined. The plaintiff called one witness while the Defendant called three. The learned trial Judge after considering and evaluating the evidence adduced by the parties concluded that -
"Having…