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(2021) JELR 109276 (CA)

Court of Appeal  •  CA/G/112C/2019  •  31 May 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Borno State delivered in Suit No. BOHC/MG/CR/55/CT12/2017 on September 20, 2018 by A.B. Kumalia, J.

​The facts leading to the Appeal are briefly as follows: One Goni Ali Mustapha complained at the Lamisula Police Station vide a petition that the Appellant trespassed into his premises and threatened him with a Pump Action Gun, insisting that the petitioner should cover up the trench that he had dug on his land with the intention of constructing a wall to prevent water from flowing back into his premises. The Appellant on his part contended that he had a disagreement with the petitioner/complainant to the Police that subsequently led to a commotion/fracas on account of the fact that the Appellant insisted that the petitioner’s labourers should cover up the trench which they had dug across his gate and which was blocking the entrance to his house. Following Po…

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