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ALHAJI MANU BELLO v. MALAM NUHU DANKASA DADAH & ANOR

(2016) JELR 36957 (CA)

Court of Appeal  •  CA/YL/93/2014  •  5 Feb 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, JCA (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Adamawa State High Court of Justice in Suit No. ADSY/73/2006 delivered on 9th June, 2014, wherein the lower Court entered Judgment in favour of the Respondent herein (as Plaintiff) in a claim seeking special and general damages against the Appellant and the 2nd Respondent.

A precis of the facts of the case at the lower Court is as follows: On 16th October, 2006 at about 2:00pm, the 1st Respondent visited his guinea corn farm at Hosere Mbembe in Yola South L.G.A. of Adamawa State and therein, he saw the 2nd Respondent on his farmland with the cattle of the Appellant numbering about one hundred and destroyed his crops. The cows were led into his farm by the 2nd Respondent who was engaged by the Appellant to rear the Appellant's cows. As a result, the 1st Respondents guinea corn farm was substantially damaged. The 1st Respondent immediately drove the cows away from his farm and ther…

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