S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): On the 4th day of May, 1988, I allowed this appeal and ordered retrial before another Judge other than the trial Judge in this case in the High Court of Kano State, reserving my reasons for so doing to today. I now give my reasons.
The appellant was the plaintiff at the trial Court and there he sued the respondent University for the "sum of N22,382.00 (twenty-two thousand three hundred and eighty-two naira), being the estimated cost of the damage done by the defendant or its servants or agents to two flats at No.322 Gwamaja Quarters, Kano City, belonging to the plaintiff and which the defendant rents from the plaintiff. The defendant or its servants or agents by its negligence caused a fire to burn down the two flats." The sum was claimed as special and general damages for the destruction caused by the fire outbreak on the two flats. After pleadings were filed and exchanged, both parties gave evidence in support thereof. It i…