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YAKUBU TELLA & ANOR v. MR. ENOCK B. DANIEL

(2013) JELR 35276 (CA)

Court of Appeal  •  CA/K/177/2005  •  14 Jun 2013  •  Nigeria

Coram
ABDU ABOKI JCA; THERESA NGOLIKA ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.: (Delivering the Leading Judgment): This matter emanated from the Upper Customary Court, Kafachan sitting in its original jurisdiction. The case was filed by the Respondent, as plaintiff against the first Appellant, as defendant, as a complaint of criminal trespass and mischief committed by the cutting of economic trees on his farmland situate at Abet in Zongon Kataf Local Government Area which constituted an offence under the provisions of sections 342 and 326 of the Penal Code and the Respondent claimed for the sum of N100,000.00 as damages. After hearing the Respondent state his claim, as plaintiff, and the first Appellant's response, as defendant, and wherein the first Appellant raised the issue of the ownership of the said farmland, the Upper Customary Court converted the case to a civil claim. The Court said thus:

"This case is therefore turned to civil matter since it is a land dispute and claim for compensation of N100,000. Plaintiff fileā€¦

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