KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, Makurdi Division delivered on 12/6/09 granting all the reliefs of the respondents herein who were the plaintiffs and dismissing the appellant's counter claim. The appellant, being dissatisfied with the decision filed a notice of appeal dated 7/7/09 containing nine grounds of appeal.
The parties duly filed and exchanged briefs of argument, In the appellant's brief dated 20/07/09 and filed on 22/07/09 settled by Amuwa Olatunde Esq., six issues were distilled from the grounds of appeal as follows:
1. Whether declarative reliefs could be granted by the learned trial Judge without oral evidence or affirmation of depositions on oath by the respondent and without tendering any document?
2. Whether the learned trial Judge was right to hold that pleadings constitute evidence?
3. Whether the learned trial Judge was right when he in error miscon…