GEZOJI & ANOR
V.
KULERE

(2011) JELR 46076 (CA)    

Court of Appeal  ·  CA/K/82/2009 ·  16 May 2011 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria OBANDE F. OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellants
appellate jurisdiction
trial court
high court of katsina state
upper sharia court
cause of action
mai unguwa lawal
musa gyaza
katsina state
guinea-corn
islamic rules of procedure
trial judge
decision of the trial court
evidence of payment of filing fees
record of this appeal
upper sharia court dutsin-ma
decision of the lower court
full assessment of the destruction
m. ali
order of perpetual injunction
said claim
said trial upper sharia court
subject-matter of dispute
suit no.
appeal no. kth
appellant shows
brief of argument
clear terms
determination of this court
different groups of assessors
duty of the trial court
eligible evidence
fabunmi family vs delegan
following manner
following questions
high court of justice katsina state
high court of justice of katsina state
issue no.3
judges of the trial upper sharia court
leading judgment
pronouncement of the high court of katsina state
said assessment
said date
staff of the lower court
such procedural error
value of the crops
value of the damage cause
weight of evidence

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…

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