GERHARD HUEBNER. V. AERONAUTICAL INDUSTRIAL ENGINEERING AND PROJECT MANAGEMENT COMPANY LIMITED

Issue:

The appellant as plaintiff before the trial High Court, Kaduna commenced an action by writ of summons and statement of claim on the 20th day of June, 1995 which was later amended wherein the plaintiff/appellant claimed against the defendant/respondent a portion of land. The trial High Court after a review and consideration of all issues raised and the evidence led before it with due regard to relevant and applicable law affecting the subject matter and the reliefs sought before it found and held that the plaintiff had failed to prove his claims and therefore dismissed same. The plaintiff appealed to the Court of Appeal Kaduna Division and the Court dismiss the appeal vide the judgment of the Court of Appeal, Kaduna Division dated 11th May 2006 wherein all the four (4) issues but one were resolved against the appellant. And the Appeal was accordingly dismissed while the judgment of the trial Court was therefore affirmed. Further dissatisfied the appellant has come before the Supreme Court.