KAURA DEGBEYI (FOR HIMSELF AND ON BEHALF OF JEZHI FAMILY) V. ADAMU SARKI PADA

MANGAJI, JCA (Delivering the Lead Judgment): This appeal is against the ruling of Badamasi Maina J. of the High Court of Nasarawa State in Suit No. PLD/K11M4/91 in respect of a motion on notice filed by the appellant as applicant seeking for an order of the court to set aside the memorandum of settlement on the basis of which a consent judgment was delivered way back on 14/1/92, in the ruling which was delivered on 12/6/98 the court dismissed the motion whereupon the appellant felt aggrieved and accordingly filed this appeal. The notice of appeal contained four grounds of appeal out of which the appellant by his counsel identified three issues as arising for determination. These issues were submitted for determination following the filing of brief of argument as required by the rules of this court. But on 24/1/2002 when this appeal came up for hearing,

Mr. Adudu for the appellant (who incidentally filed the brief of argument) abandoned the third issue he formulated and the same was a…