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UMARU GALADIMA & ORS V. MOHAMMADU MASHAYABO

(1994) JELR 43338 (CA)

Court of Appeal  •  CA/K/151/91  •  18 Jan 1994  •  Nigeria

Coram
UMARU ABDULLAHI JCA; MURITALA AREMU OKUNOLA JCA; SIMEON ADEBAYO ODUWOLE JCA;

Appearances
F.U. Dange (Mrs.) For Appellant For Respondent

Judgement

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal instituted an action against the appellants at an Area Court in Argungu, Kebbi State, then in Sokoto State claiming damages arising from the destruction of his farm crops by cattle of the appellants.

The Area Court heard the case, received evidence of two expert witnesses as to the value of the farm crops destroyed. The Area Court Judge also visited the farm to see things for himself.

The appellants, then defendants, admitted that their cattle entered the respondent's farm and destroyed the farm crops, but asserted that the farmland was a grazing reserve declared by the government and that the respondent planted his crops on the farm land in contravention of the government directives.

At the end of the trial, the Area Court found that the respondent had made a case and entered judgment in his favour in the sum of N3, 600.00.

The appellants were aggrieved with the judgment of the Area Court and they appe…

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