POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

leave to amend grounds 1,2,3, 4, 6 and 7 of the
original grounds filed on 28/10/2002 along with the
notice of appeal.
It is instructive that both parties have filed and
exchanged the brief of argument thereof. The
Appellants brief dated t0/0212005 and filed on the
same date hers raised a total of six issues for
determination, to wit:
1. Whether the failure of the learned trial judge to
consider and pronounce upon exhibit I containing
the terms and conditions of the contract occasioned
a miscarriage of justice.
2. Whether the learned trial judge properly
evaluated the evidence before him and was right
in the conclusion reached thereby.
3. Whether the learned trial judge rightly placed
the onus on the defendants to prove that they
delivered the parcel to the addressee,
4. Whether the judgment of the trial court which is
based on the provisions of the Nigerian postal
service Department Act CAP 322, which was no
longer in force at the time of 5 commencement of
the action and judgment is valid.
5. Whether the learned trial judge was right when
he failed to apply well known principles of law to
the proved and accepted facts.
6. Whether in the circumstances of this case, the
trial which was conducted in the absence of the
defendants when there was no proof of service of
hearing notice as ordered was proper and can be
allowed to stand.
On the part thereof the Respondent filed his brief
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