SUMAYE & ANOR V. MAITARKO & ANOR

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal which the Respondent does not oppose. This appeal emanated from the decision of the Kebbi State High Court of Justice delivered on 24/06/2021.

The 1st and 2nd Claimants filed their respective suit separately on 9/05/2019. The 1st Claimant claim against the defendants read as follows:

i. "A declaration that the destruction of the 1st Claimant's farm by the Defendant's cattle on the 28th February, 2018 was unlawful, wrongful and infringement of their right to live freely and carry on their lawful business without interaction.

ii. The sum of N1,560,000.00 special damages.

iii. N500,000.00 general damages.

iv. Cost of filing this action."

The 2nd Claimant, via his specially endorsed writ, claims against the Defendant thus:

i. "A declaration that destruction of the 2nd Claimant farms by the Defendant's Cattles on the 28/02/2018 was unlawful, wrongful and infringement of their right to…