OGBUAGU JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division (hereinafter called “the court below”) delivered on 25 April 2002, affirming the decision of the trial court delivered on 28 June 1999, per Nguta J. (as he then was) dismissing the plaintiff/appellant’s claim and granting the counter-claim of the defendant/respondent.
Dissatisfied with the said decision, the appellant, has appealed to this court on six (6) grounds of appeal. Briefs were filed and exchanged. The appellant formulated four (4) issues for determination which reads as follows:
“1. Whether the lower court and the trial High Court had jurisdiction to hear and enter judgment on a counter-claim, when the condition precedent to the filing of a valid claim being payment of prescribed fees was wanting and whether by section 16 of the Court of Appeal Act, the Court of Appeal is empowered to validate the said judgement retrospectively or retroactively by an o…