I. A. MANGAJI, J.C.A. (Delivering the Leading Judgment): On 15th June, 1998 Hon. Justice I. S. Bdliya delivered a judgment in Suit No. M/92/97 wherein he dismissed the claim filed by the appellant as plaintiff against the respondent. His reason for so dismissing the claim was that the appellant totally failed to prove his case as no evidence was adduced during the trial establishing the averments contained in the pleading. The appellant was aggrieved by the decision.
He accordingly filed a notice of appeal containing two grounds dated 26/6/98.
In due compliance with the rules of this court, parties by their counsel, filed and exchanged briefs of argument. In the appellant's brief of argument, two issues were identified as arising for determination from the two grounds of appeal.
The issues are couched thus:-
"(1) Whether the trial court is legally right to have dismissed the plaintiff's claim inspite of the admitted facts in paragraph 6 of the appellant's statement of claim and paragr…