HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering The Leading Judgement): This appeal is against the majority judgment of the Court of Appeal, Port-Harcourt judicial division dismissing both the substantive Appeal of the Appellant, as well as the Cross-Appeal of the Respondent on 19/4/2016. The Court of Appeal by its decision, upheld the judgment of the Federal High Court Port-Harcourt judicial division delivered on 14/12/2010 by Hon. Justice G.K. Olotu.
The Court below after making several concurrent findings of facts and agreeing with the trial Court on several points of law, based on issues raised on the substantive appeal, as well as the cross appeal, dismissed both appeals. It is the substantive appeal that the Appellant is appealing against, while the Respondent did not file any appeal over the dismissed cross-appeal. The Respondent having not filed any appeal over the dismissed cross-appeal, this Court has only to deal with the appeal over the substantive appeal dismissed on 19/4/20…