JONAH EKE V. MADUABUCHI FRANCIS AKUNNE

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Abia State, sitting in the Aba Judicial Division, delivered on 31 July 2000, dismissing the appellant’s suit and entering judgment in favour of the 2nd respondent in terms of his counter-claim. The original appellant being dissatisfied with the judgment filed a notice of appeal containing five grounds of appeal on 8 August 2000. On 1 February 2002, pursuant to leave of court granted on 28 January2002, the appellant filed seven additional grounds of appeal bringing the total grounds of appeal to twelve. During the pendency of the appeal the original appellant, Jonah Eke Okai died and was substituted by order of court made on 14 February 2007 with his son, Jonah Eke. The original 2nd respondent, Francis Akunne also died and was substituted by order of court made on 28 January 2001 with his son, Maduabuchi Francis Akunne. By an order of this court made on 14 February 200…