BA’ABA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Katsina State, in itsappellate jurisdiction, holden in Malumfashi Judicial Division, delivered by Honourable Justice SadaAbdulmumini in an appeal filed by the respondent at the Upper Area Court in Malumfashi, against the judgment of the Area Court, Jikamshi which gave judgment in favour of the appellant who was the plaintiff before the Jikamshi Area Court. In its judgment, delivered on the 19 October 2002, the Katsina State High Court set aside the judgment of the Upper Area Court, Malumfashi which affirmed the decision of the Area Court, Jikamshi.
The facts leading to this appeal briefly are as follows: One Magaji
Kurma, now deceased, had a farm that shares a common boundary with the respondent’s house. As a result, the appellant and late Magaji Kurma used to quarrel every rainy season. Because of the mischief usually caused by the appellant’s sheep and goats, the late Maga…