BELLO J.S.C.(Delivering the Leading Judgment):- Before the commencement of the hearing of this appeal, learned counsel for the respondent raised preliminary objection that the appeal is incompetent on the ground that the only two grounds of appeal are of facts or mixed law and facts and no leave has been obtained. Learned counsel for the appellant appears to have no valid answer to the objection on ground 1 which reads.
"The judgment is against the weight of the evidence." Although he concedes that the 2nd ground of appeal is defective, he urges us to allow him, to argue it as was done in Onaga v. Micho and Co. (1961) All N.L.R. 324. The 2nd ground simply complains: "The award of damages is manifestly too high and unreasonable."
It is clear to me the first ground of appeal is a ground of facts and to put it at its best the 2nd ground of appeal is mixed question of law and facts. In his submission on his brief on this ground learned counsel for the appellant did not raise any issue of…