PETER NYAM KOKWAIN V. ABDULRAHM AN AHMED (AGENT TO MOHAMMED & CO.)

ALAGOA JCA (Delivering the Lead Judgment): This is an appeal against the decision of Dalhatu Ja’afaru J., of the Kaduna State High Court delivered on the 31st May, 1995 in suit No. KDH/KAD/719/94 in which he dismissed the appellant’s claim as endorsed in the originating summons.

Aggrieved, the appellant has appealed to this court on four grounds of appeal as contained in the amended notice and grounds of appeal filed with leave of this court. The facts of this case as can be gleaned from the totality of the records presented before this court inclusive of the filed briefs of the parties are briefly set out below as follows: the appellant as plaintiff in the High Court below took out an originating summons dated 7thDecember, 1994 against the respondent then defendant seeking the following declaratory reliefs:

(1) A declaration that the agreement entered between the plaintiff and one Messrs. Mohammed and Co. on the 17th July, 1993 is void on the following grounds:

(a) Want of juristic …