CHUKWUMA & ORS
V.
AWOH

(2018) JELR 38898 (CA)    

Court of Appeal  ·  CA/E/346/2010 ·  8 Jun 2018 ·  Nigeria
CORAM
TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
plaintiff
3rd appellants
record of appeal
3rd defendants
2nd defendant
lower court
fair hearing
general damages
learned trial judge
repair work
statement of claim
1st defendant
defendants
rita nosakhare pemu
roof of the building
said repair work
suit no. a
2nd appellant
circumstances of the case
respondents property
tenant of the 1st appellant
trial court
3rd respondents
amended notice of appeal
caretaker of the 1st defendant
conclusion of the trial
destruction of the respondents property
exhibit b
exhibit c
exhibits d
exhibits e
facts of the case
instruction of the 1st appellant
judgment of the federal high court
judgment of the lower court
leading judgment
learned trial judge right
misitura omodere bolaji-yusuff
monetary award
mr. okonkwo
notice of appeal
practice direction of this honourable court
said judgment
statement of claim of the respondent
torts law of anambra state
trial judge
two-storey building of the 1st appellant

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…

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