JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Adamawa State High Court in its appellate jurisdiction in APPEAL NO: ADSM/10A/2008 -SIMON W. JATTI V. JOHN DUWAL delivered on the 14th day of December, 2011, wherein the appeal of the Appellant was found to be unmeritorious and subsequently dismissed.
The Appellant, dissatisfied with the Judgment of the lower court obtained leave of the lower court to appeal on grounds of mixed law and facts. He appealed on two grounds vide the Notice of Appeal dated and filed on 12th March, 2012.
The learned Counsel for the Appellant formulated two issues for the determination of the appeal. The issues are reproduced as follows:-
"1. Whether the High Court was justified in holding that the Plaintiff/Appellant had locus standi to institute the action? (Distilled from ground 1).
2. Whether the dismissal of the appeal of the Appellant by the High Court (in effect, affirming the Judgment of the Upper …