RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, sitting at Awka, in Suit No. A/205/06, and which was delivered on the 5th day of October, 2010.
In the said judgment the lower Court found for the Respondent.
FACTS OF THE CASE
The Respondent is tenant of the 1st Appellant in a building at No. 14 Ebute Street, Amudo village, Awka.
On the 26th of April 2006, the roof of the building was removed by the 2nd and 3rd Appellants. They said that they did that at the instruction of the 1st Appellant, who told them to remodel the roof of the building.
It was raining season. The Respondent then warned the 2nd and 3rd Respondents to cover up, so that his flat is not exposed to the elements.
The flat where the Respondent resided with his wife and family was one of the two top most flats in the two-storey building of the 1st Appellant.
The 2nd and 3rd Appellants ignored the Respondent.
On the 27th of April 2006, the rain came do…