MANGAJI JCA: (Delivering the Leading Judgment): This is an appeal against the ruling/judgment of Lawi J. sitting in the High Court of Adamawa State in suit No ADSY/77M/98 wherein the court gave judgment in favour of the respondent who was the plaintiff. That judgment was delivered on 1st December, 1998. The appellant as defendant felt aggrieved with the decision in consequence of which it filed a notice of appeal on 10th December, 1998 contesting the decision on five grounds of appeal.
On 23/11/99 and in due compliance with the rules of this court requiring parties to file briefs of argument appellant, by its counsel, filed a brief of argument. The respondent, who was clearly out of time in filing his brief of argument, was granted extension of time to file his brief on 28/9/2001. The brief he filed on 5/10/2000 was thus deemed properly filed and served. In its brief of argument, and from the five grounds of appeal, the appellant identified three issues as arising therefrom.
The issue…