Abdul Lasisi Ayangoke & Anor V. Keystone Bank Limited (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the final decision of the Kaduna State High Court in suit No. KDH/KAD/292/2001, delivered by Hon. Justice Zailani on 26/7/2005, whereof his lordship granted an award of only N100,000.00 in favour of the Appellants against the Respondent.

Appellant being dissatisfied with the judgment, particularly, the award, filed this appeal on 8/10/05, as per the Notice of appeal on pages 40 to 41 of the Records, disclosing 3 grounds of appeal. Appellants later filed amended Notice of Appeal with the leave of this court, on 22/05/13, with the following 3 grounds of appeal;

“GROUND ONE: ERROR IN LAW

The Honourable Judge erred in law when he awarded only N100,000.00 as general damages when circumstance of the case warrant more.

PARTICULARS OF ERROR

a) The Appellants witness one and two stated what their business had suffered a set back.

b) The evidence of PW1 and 2 was not challenged by the Respondent.

c) The trial court rightly held that the act of the Respondent was wrong.

GROUND TWO: ERROR IN LAW

The Honourable Judge erred in law when he failed to grant the Appellant’s reliefs 2 and 3 in paragraph 15 of the amended statement of claim when the entire Appellant’s witnesses had proved their case on the balance of probabilities.

PARTICULARS OF ERROR

a) The Appellant’s PW1 and PW2 testified without any challenge to their testimonies.

b) The Respondent could not dislodge the evidence of Appellants witnesses.