JAFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Obudu Judicial Division which was delivered on the 22nd day of October, 2007. By the said judgment the trial Judge granted the Respondent's claims and dismissed the Appellant's counter-claim.
Before this court briefs have been filed and exchanged. In the appellant's brief of argument the following three issues have been formulated for the determination of this appeal:-
ISSUE1:- Whether the court below was right in assuming jurisdiction to entertain the Respondent's claim when the said claim was statute-barred. (Based on ground 2)
ISSUE 2:- Whether the court below was right in granting the Respondent's claim having regard to the claim before the court. (Based on grounds 1, 3, 4, 5, 7, 9, 10 and 11.)
ISSUE 3:- Whether the court below was right in refusing to grant the appellant's counter claim having regard to the evidence before the court.
On the ot…