MR. MAKANJUOLA AYOOLA V. ALHAJI HABIBAT YAHAYA
(2004) JELR 45092 (CA)
Court of Appeal
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CA/IL/19A/2000
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5 May 2004
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Nigeria
Coram
ABOYI JOHN IKONGBEH JCA;
WALTER SAMUEL NKANU ONNOGHEN JCA;
JA'AFARU MIKA'ILU JCA;
Appearances
Appellant not represented For Appellant
A.O. Adelodun, Esq For Respondent
Judgement
<p>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. </p><p> The complaints of the appellant as contained in his two grounds of appeal are as follows:</p><p> Grounds of appeal:</p><p> "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. </p><p> Particulars of Error</p><p> (a) There was no evidence adduced to support the grant of the reliefs in favour of the 1st defendant. </p><p> (b) The averments in support of the 1st defendant's counter-claim was abandoned as the 1st defendant did not proffer evidence on same.</p><p> (c) The assertion of the counter-claimant was never proved</p><p> (2) The …</p>