MUHAMMADU GABIDA V. BALA MARCUS

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Plateau State High Court of Justice sitting in its appellate jurisdiction Coram L. C. Dakyen and F. K. Dusu JJ wherein the appeal lodged by the appellant against the decision of the Upper Area Court, Kabong was dismissed as totally lacking in merit. Appellant felt aggrieved with the decision of the High Court delivered on 1/2/2001 and accordingly filed a notice and grounds of appeal containing four grounds. Thus the appellant who was the plaintiff at the Upper Area Court, Kabong (hereinafter called “the trial court”) lost in that court and his appeal to the High Court was similarly dismissed. This appeal therefore is a further appeal from the decision of the High Court (to be referred to henceforth as the court below”).

In due compliance with the rules of this court requiring parties to file briefs of argument, both the appellant and the respondent, by their counsel, filed their respective brie…