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MR. MAKANJUOLA AYOOLA v. ALHAJI HABIBAT YAHAYA

(2004) JELR 45092 (CA)

Court of Appeal  •  CA/IL/19A/2000  •  5 May 2004  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA; WALTER SAMUEL NKANU ONNOGHEN JCA; JA'AFARU MIKA'ILU JCA;

Judgement

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State in suit No. KWS/267/94 delivered by J.F. Gbadeyan, J. on the 12th day of November, 1999 in which the court granted the counter-claim of the respondent and awarded the sum of N200,000.00 by way of general damages. The appellant is not satisfied with the decision, hence, the appeal.

The complaints of the appellant as contained in his two grounds of appeal are as follows:

Grounds of appeal:

"1. The learned trial court erred in law in granting the declaratory reliefs asked for by the 1st defendant in the counter-claim against the 2nd defendant.

Particulars of Error

(a) There was no evidence adduced to support the grant of the reliefs in favour of the 1st defendant.

(b) The averments in support of the 1st defendant's counter-claim was abandoned as the 1st defendant did not proffer evidence on same.

(c) The assertion of the counter-claimant was never proved

(2) The …

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