ABDULLAHI JCA (Delivering the Lead Judgment): The appeal under consideration here is against the judgment of the High Court of Justice, Kwara State, Ilorin,coram M.Afolayan (J) delivered on29th day of January, 2003, whereby the learned trial Judge granted in part the claims of the plaintiff and non-suited him with regard to some of his other claims. Although,the 2nd defendant did not file any counter-claim, the learned trial Judge refused to grant the claims of the plaintiff in full because of the indebtedness of the 1st defendant to the 2nd defendant which she held must be liquidated. The plaintiff (hereinafter called the appellant) dissatisfied with the said decision appealed to this court and filed seven grounds of appeal. The 1st respondent filed a notice of cross-appeal consisting of eight grounds.With the leave of the court, the 2nd defendant (hereinafter called the 2nd respondent) was joined as a party to the action under consideration.
Per the record at pages 6 to 7, the appe…