(1.) AT the outset, I must note that the counsel for the appellant states that the appellant is not giving him instructions and therefore he is not in a position to argue the matter.
(2.) THIS case is on the ,,Regular Board of this court since 3.1.2011 and today it is effective item no.5 on the ,,Regular Board. I have accordingly perused the record and am proceeding to dispose of the appeal.
(3.) AFTER the pleadings were complete the trial court framed the following issues.