BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Stirling Civil Eng. Nig. Ltd v. Yahaya
  • 114
  • 2002-08-05
  • ₦ 200
  • Buy Now

Stirling Civil Eng. Nig. Ltd v. Yahaya

STIRLING CIVIL ENGINEERING NIGERIA LIMITED

V

AMBASSADOR MAHMOOD YAHAYA

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided and Read the Lead Judgment )

RABIU DANLAMI MUHAMMAD, JCA

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/111/99

WEDNESDAY, 27TH JUNE, 2001

APPEAL - Ground of appeal - Failure to frame issue therefrom - Effect

APPEAL - Ground of appeal - Need to relate to its particulars - Failure of to do so - Effect

APPEAL - Issues for determination - Fresh issue on appeal - How raised Need to seek leave to raise same

COURT - Award of damages - Damages awarded by the trial court - When the appellate court will interfere therewith - Guiding principles

DAMAGES - Award of damages - Damages awarded by the trial court -

When the appellate court will interfere therewith - Guiding principles

DAMAGES - General damages - Award of - Whether can be awarded on a claim in tort

DAMAGES - Special damages - How proved - Need for claimant to strictly and specifically prove same

LAND LAW - Trespass - Claim for trespass to land - Finding of trial court therein - Duty on trial court to state whether it establishes trespass to land

PRACTICE AND PROCEDURE - Plaintiff’s claim - Success of - Whether would be on strength of plaintiff’s case

Issue:

Whether the learned trial Judge was right in awarding N500,000.00 damages to the respondent having regard to the statement of claim, evidence led and the findings of the court.

Facts:

The claim of the plaintiff/respondent was that while constructing a dual carriage road about 4 years ago the defendant/appellant trespassed on his land and destroyed the economic trees, such as banana, guava, grains of all sorts, date palms etc and stole the top soil for use in constructing the dual carriage way. The respondent also claimed that about 4 years ago he made N5m from the farm prior to the incident. The respondent therefore instituted this action against the defendant claiming the sum of N5m (five million naira) for trespass. The trial court at the conclusion of trial awarded the sum of N500,000.00 as general damages and cost of N5,000.00

The defendant/appellant was dissatisfied and therefore appealed to the Court of Appeal.