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ALHAJI AMADU ALHAJI ISA V. ALHAJI BELLO SADA YANTUMAKI

(2010) JELR 55393 (CA)

Court of Appeal  •  CA/K/155/08  •  8 Dec 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA (Presided and Read the Lead Judgment) IBRAHIM MOH’D MUSA SAULAWA JCA THERESA N. ORJI-ABADUA JCA (Dissenting)

Judgement

PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Justice, Katsina State in its appellate jurisdiction. The high court affirmed the decision of the Upper Sharia Court, Dutsin-ma, Katsina State which ordered the appellants to pay the sum of N1,246,400 (one million, two hundred and forty-six thousand, four hundred naira) to the respondent. The appellants were not happy with the decision hence this appeal. A Facts

The appellants’children, namely Aminu Komoral andAminu Mangal drove their cattle into the respondent’s farm and destroyed his crops. The respondent sued the appellants at the Upper Sharia Court, Dutsin-ma, for damages. The respondent at the trialcalled five witnesses who gave evidence and were cross-examined by the appellants.At the close of the respondent’s case, the court fixed a date for the visit to the locus in quo in the presence of all the parties in order to ascertain the damage. The court, three times, move…

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