JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of high court of Kaduna State, sitting at Kafanchan in Suit No. KDH/KAF/230/2016 delivered on 9th March, 2016 by Hon. Justice Luka D. Aba. Not satisfied with the judgment in which judgment was entered for the plaintiff’s, the defendant (now appellant) filed a notice of appeal to this court.
The notice of appeal which contains six (6) grounds of appeal can be found on pages 184-188 of the record of appeal, while the judgment is on pages 168-183 of the record of appeal.
The Appellant in the appeal sought for an order allowing the appeal and setting aside the judgment of the trial court.
The record of appeal was transmitted on 29/11/2021. Consequently briefs of arguments were filed. The appellant’s brief of argument settled by Bala E. Gwadah was filed on 3/12/2021, while the Respondent’s brief of argument, settled by Habila A. Haruna was filed on 4/2/2022 and deemed properly filed and served …