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

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

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

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on 22/3/2005 and raised therein six issues, thus:<br />

(i) whether the learned trial judge failed to<br />

consider Exhibit 1?<br />

(ii) whether the learned trial judge properly<br />

evaluated the evidence before him and was right on<br />

the conclusion reached thereby?<br />

(iii) Whether the learned trial judge placed onus on<br />

the Defendant to prove that that delivered the<br />

parcel to the addressee.<br />

(iv) Whether, assuming with out conceding that the<br />

judgment is invalid merely because it was based on<br />

the provisions of a wrong law.<br />

(iv) Whether the learned Trial judge failed to apply<br />

well known principles of law to the proved and<br />

accepted facts?<br />

(iv) Whether the suit was conducted in the absence<br />

of the Appellants with out their not being served<br />

with Hearing Notice before the hearing of the suit?<br />

The Appellants have in turn also filed a reply brief<br />

in response to the Respondents brief alluded to<br />

above, on 18/4/2005 and accordingly urged on the<br />

court that:<br />

"For the above reasons and those stated in the<br />

Appellants brief, this Honourable Court is humbly<br />

urged to allow the appeal and set aside the<br />

judgment and order of the Federal High Court made<br />

against the Appellants."<br />

I have accorded an ample but rather very critical<br />

consideration upon the nature and circumstances"<br />

surrounding this appeal, the records of proceedings<br />

of the lower court, the respective parties briefs of<br />

argument, as well as the numerous but rather<br />

15

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