[2015]DLSC3224June 3, 2015Supreme Court

CELESTINE KUAGBENU vs. CECILIA SPENCER

GBADEGBE JSC: This is an appeal from the decision of the Court of Appeal by which the previous decision of the trial High Court in the action herein was reversed and judgment entered for the plaintiff (the respondent herein) against the defendant (the appellant herein). In these proceedings, the appellant seeks a reversal of the decision of the Court of Appeal, and as the said decision had earlier on reversed that of the trial court, the question for our decision is whether the judgment of the Court of Appeal is supported by the admitted evidence on the record. In particular, we are required to determine if the decision of the trial High Court has suffered from a wrong conclusion on the effect of the evidence and or was perverse or unreasonable. As our task is in the nature of a re-hearing, we are carefully to review the evidence contained in the record of appeal for the purpose of determining whether the appellant’s complaint to us based on the grounds of appeal contained in the no.....