MARY U. PETER-ODILI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision/judgment of his Lordship, Hon. Justice Dalhat Jaafaru of the High court of Justice, Kaduna delivered on 23rd May, 2002. The Appellant who was plaintiff at the court below dissatisfied with the judgment appealed to this Court upon two grounds of Appeal dated 27th May, 2002 and filed on 27th May, 2002.
The two grounds of appeal without their particulars are as follows:-
(a) the lower court misdirected itself in the evaluation of the Appellant's evidence and exhibits and arriving at the decision that no waiver was granted and the indebtedness was not settled.
(b) the lower court erred in law in giving judgment in a sum not counter-claimed or based on evidence contrary to the pleadings occasioning miscarriage of justice.
The Appellant as Plaintiff at the trial court and as shown on the printed record had claimed:-
1. A declaration that the Plaintiff is not indebted to the Defendant.