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(2021) JELR 109384 (CA)

Court of Appeal  •  CA/A/505/2017  •  7 Jan 2021  •  Nigeria

Monica Bolna'an Dongban-Mensem, JCA Stephen Jonah Adah, JCA Yargata Byenchit Nimpar, JCA


MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal challenging the decision of the High Court of Justice, Kogi State, delivered on the 30th of December, 2017 Coram Yunusa Musa, (J). wherein the learned trial Judge granted all the reliefs sought by the Claimant now Respondent.

​The brief facts leading to this appeal as contained in the Appellant's Brief of Argument are that;

On 23rd May, 2012, the Claimant's driver, one Sanni Muhammad, was caught red-handed for loading extra ten bags of cement apart from the 30 tons of cement covered by Authority to Transport Cement (ATC) No: 365692. Consequently, the truck driver was charged and convicted for the offence of criminal conspiracy, negligence and theft contrary to Sections 96, 196 and 287 of the Penal Code.

The Respondent gave contrary facts as follows;

​On or about the 23rd May, 2012, the Claimant sent his driver to Dangote cement factory Obanjana, with an Authority to Transport Cement (ATC) Number 36…

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