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SANI NATA'ALA v. LAMIDO ALHAJI GABAPPA & ANOR

(2018) JELR 38466 (CA)

Court of Appeal  •  CA/J/252/2016  •  19 Mar 2018  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Yobe State High Court, Bada Judicial Division, delivered by A. A Mohammed J. on 22nd March, 2016, wherein the learned trial Judge entered judgement against the Appellant.

Being dissatisfied with the judgement of the Court, the Plaintiff/Appellant appealed to this Court by filing Notice of Appeal with two (2) grounds of appeal.

The Appellants claim before the trial Court was for special and general damages for trespass and mischief which claim was hinged on the judgment of the Chief Magistrate Court Gashua in Case No: YBSJ/GS/MC/206c/10. In the course of trial, the Appellant served the Registrar of the Gashua Chief Magistrate Court with subpoena duces tecum to come and tender the record of proceedings in Case No: YBSJ/GS/MC/206c/10; Commissioner of Police V. Ado Alhaji Gabappa and Anor.

The Registrar could not tender the same as the said record of proceedings was rejected by the tria…

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