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MR. FABIAN CHUKWUMA v. MR. ADOLPHOUS IFEAMULUME

(2017) JELR 33315 (CA)

Court of Appeal  •  CA/YL/139/2015  •  30 Aug 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment):This appeal is against the Judgment of the High Court of Taraba State sitting in Takum and delivered on the 3rd November, 2014 in Suit No.TRSJ/12/2011 in which Judgment was given in favour of the Defendant, the Respondent in this appeal. The appellant had appealed against that Judgment vide the Notice of Appeal dated 12th October, 2015, with five (5) grounds of appeal incorporated into the Notice of Appeal.

The brief facts in this appeal case as can be garnered from the printed record reveal that, the respondent was, who initiated a direct criminal complaint and prosecution against the Appellant at the Upper Area Court. It was alleged that the Appellant trespassed into his shop used abusive languageon the respondent and finally, that he (appellant) intimidated him. The Upper Area Court heard the criminal case instituted by the Respondent and at the close of prosecutions case, a submission of no case was made by counsel. Upon…

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