MUHAMMED LAWAL SHUAIBU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State sitting at Awka delivered on 29/06/2009 wherein judgment was entered in favour of the plaintiff and dismissing the counter claim of the defendant therein.
Upon being served with the originating summons, the Defendant filed a statement of defence with a counter claim. After settlement and exchange of pleadings, the case proceeded to trial in which the plaintiff called six witnesses and tendered exhibits A F respectively. At the close of the plaintiffs case, the Defendant called no witness but rested his case on that of the plaintiff. In a reserved and considered judgment delivered on 29/6/2009, learned trial judge entered judgment for the plaintiff in the sum of N800,000.00 representing special and general damages and dismissing the Defendants counter claim.
Dissatisfied, the appellant appealed to this Court via a notice of appeal filed on 15/7/2009 c…