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GALADIMA & ORS
V.
MASHAYABO

(1994) JELR 43338 (CA)

Court of Appeal 18 Jan 1994 Nigeria
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Case Details

Suit Number:CA/K/151/91
Judges:UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria SIMEON ADEBAYO ODUWOLE Justice of The Court of Appeal of Nigeria
Counsel:F.U. Dange (Mrs.) For Appellant For Respondent
Other Citations:Galadima v. Mashayabo (1994) 6 NWLR (Pt.349)

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal instituted an action against the appellants at an Area Court in Argungu, Kebbi State, then in Sokoto State claiming damages arising from the destruction of his farm crops by cattle of the appellants.

The Area Court heard the case, received evidence of two expert witnesses as to the value of the farm crops destroyed. The Area Court Judge also visited the farm to see things for himself.

The appellants, then defendants, admitted that their cattle entered the respondent's farm and destroyed the farm crops, but asserted that the farmland was a grazing reserve declared by the government and that the respondent planted his crops on the farm land in contravention of the government directives.

At the end of the trial, the Area Court found that the respondent had made a case and entered judgment in his favour in the sum of N3, 600.00.

The appellants were aggrieved with the judgment of the Area Court and they appe…

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