OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal. Kaduna Division in which the judgment and order of the High Court of Kwara State (Gbadeyan. J.) in favour of the plaintiff were set aside.
The plaintiff who was dissatisfied with the judgment has appealed to this court on six grounds of appeal. From the grounds of appeal the following three issues for determination were formulated:-
"(i) Whether the Court of Appeal was right in disturbing the finding of the trial court that the 1st respondent accepted the arrangement contained in Exhibit 14;
(ii) Whether the Court of Appeal was right in holding that the trial court did not properly apply the doctrine of estoppel and waiver to the facts of the case;
(iii) Whether the Court of Appeal was right in reversing the decision of the learned trial lower court on whether in the circumstances of the case, the appellant proved his case on a balance of probability in view of the fact that…