<p><strong> KEKERE-EKUN JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the High Court of Ondo State sitting at Akure delivered on 26 June 2007 dismissing the plaintiff’s suit in its entirety.</p><p>The appellant herein, who was the plaintiff at the lower courtwas dissatisfied with the decision and on 1 August 2007 filed a notice of appeal dated 31 July 2007 containing three grounds of appeal. The parties herein respectively filed and exchanged briefs of argument in compliance with the rules of this court. The appellant’s brief dated 26</p><p>October 2009 and filed on 28 October 2009 was settled by Niran Disu, Esq. It was deemed properly filed and served on 26 April 2010. He also filed a reply brief dated 26 October 2011 and filed on 31 October 2011. The respondent’s brief dated and filed on 16 September 2010 was deemed properly filed and served on 23 February 2011. The brief was settled by Ekerete Udofot, Esq. The respondent also filed a notice of preliminary objection dated 10…</p>