EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Abia State High Court sitting at Aba in the suit No. A/78/2000 delivered on 30th June, 2006. The suit of the Appellant, as the Plaintiff, and the counter claim of the Defendant, now Respondent, were all dismissed. The Appellant, aggrieved by the decision, lodged his appeal against the same. The notice of appeal filed on 8th September, 2006 [pages 120 - 123 of the Record] has the following four [4] grounds of appeal [shorn of their particulars]:
1. The learned trial Judge erred in law by wrongfully evaluating the evidence of the parties
2. The learned trial Judge misdirected herself in law when she held that section 149 [d] of the Evidence Act applied in a situation where she said that the plaintiff did not call some particular witnesses.
3. The decision of the learned trial judge was perverse.
4. That the judgment is against the weight of evidence.
In nutshell the facts of the case as plead…