MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): The Appellant was the Defendant/Counter Claimant in the Respondent's Suit No. ID/3218/99 filed before the High Court of Lagos State on 2nd of November, 1999 and counter claim filed on the 1st of February, 2002. Pursuant to the High Court Rules, 2004, the parties amended their respective pleadings and the suit proceeded to trial whereat, they called witnesses in proof and defence of their respective claims. On the 5th day of June, 2008, the High Court delivered judgment in which inter alia, the Appellant's counter claim was dismissed on the grounds that it was statute barred and that there was no letter of demand for the sum counter claimed from the Appellant.
Not satisfied with the dismissal of its counter claim, the Appellant brought this appeal by the Notice of Appeal dated 3rd, but filed on 4th of September, 2008 on three (3) grounds and in the Appellant's brief dated the 14th of December, 2010 deemed on the 25th of Septem…