Before the commencement of the hearing of this appeal, learned counsel for the respondent raised preliminary objection that the appeal is incompetent on the ground that the only two grounds of appeal are of facts or mixed law and facts and no leave has been obtained. Learned counsel for the appellant appears to have no valid answer to the objection on ground 1 which reads:

"The judgment is against the weight of the evidence."

Although he concedes that the 2nd ground of appeal is defective, he urges us to allow him to argue it as was done in Onaga vs. Micho & Co. (1961) All N.LR. 324.

The 2nd ground simply complains:

'The award of damages is manifestly too high and unreasonable."