(2001) JELR 45847 (CA)    

Court of Appeal  ·  CA/K/111/99 ·  27 Jun 2001 ·  Nigeria
Other Citations
Stirling Civil Eng. Nig. Ltd. v. Yahaya (2002) 2 NWLR (Pt 750)1
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
loss of use
general damages
economic trees
ground of appeal
learned trial judge
statement of claim
trial court
award of damages
claim of the plaintiff
grounds of appeal
appellate court
original ground
trial judge
additional ground of appeal
findings of the court
instant appeal
sum of n500,000.00
appellate courts
briefs of argument
claim damages
claim of n5,000,000.00
destruction of economic trees
economic trees of the plaintiff
farm land
high court of justice
kaduna state
leading judgment
learned judge
leave of court
original ground of appeal
particulars of error
particulars of loss of use
pleadings vide particulars
r. d. muhammad
said farm land of the plaintiff
second ground of appeal
sole issue
sum of n500,000.00 damages
various issues

SALAMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against High Court of Justice, in the Zaria Judicial Division, awarding the plaintiff the sum of N500,000.00 as general damages and costs assessed at N500,000.00.

The defendant was dissatisfied with the judgment and has appealed to this court on one original ground and with the leave of court an additional ground of appeal was added. The two grounds of appeal read as follows:-

"(1) The Learned Judge erred in law when he awarded the sum of N500,000.00 to the plaintiff as general damages after he held that the claim for trespass and the destruction of economic trees failed.


(a) Having refused the claim of N5,000,000.00 for economic trees he cannot thereafter award N500,000.00 general damages for trespass, loss of use and mischief done to the economic trees.

(b) The Judge having held that, the plaintiff has not proved his claim for N5,000,000.00 general damages for trespass, loss of use and mischief done to t…

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