ADAMU JAURO, J.C.A. (Delivering the leading Judgment): This is an appeal against the decision of the Adamawa State High Court of Justice Yola, sitting in its appellate jurisdiction in appeal No. ADSY/4A/2012 from Upper Area Court 3, Yola. The judgment was delivered on 21st September, 2012 wherein the lower court affirmed the decision of the Upper Area Court No. 3, Yola.
The facts giving rise to this appeal, can be summarized as follows: The 1st appellant as plaintiff commenced an action against the respondent as defendant, before the Civil Area Court No. 2 Jimeta. The substance of the complaint before the court was that there was an outlet of waste water from the defendant's toilet, passing in the frontage of the plaintiff's room, thereby causing nuisance and pollution to the plaintiff. The Civil Area Court gave judgment in favour of the plaintiff now 1st appellant, and the defendant now respondent was ordered to block the outlet within two weeks.
The defendant now respondent appealed…