THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The suit leading to this appeal was initiated by the Respondent on 23/8/2004 in suit No. 439/04 at the Upper Sharia Court Dutsin-Ma, Katsina State whereat his claim as the Plaintiff against the Appellants, then the Defendants was presented in the following manner:
"I am suing the defendants, i.e., Mai Unguwa Lawal, Alh. Isa and Mati Bera because they ate away my crops planted in my farm".
The record of this appeal shows that the 3rd Defendant, i.e. Mati Bera was absent in Court on the said date and only Mai Unguwa and Alh. Isa were called upon to plead to the said claim, which they totally denied. Hearing commenced in the matter, and at a stage, visit to locus in quo was conducted by the Upper Sharia Court, Dutsin-Ma, 5 representatives who assessed the value of the crops apparently damaged, and based on the said assessment the said trial Upper Sharia Court made it's award.
The Appellants were disappointed with the…