Alhaji Manu Bello V. Malam Nuhu Dankasa Dadah & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of the Adamawa State High Court of Justice in Suit No. ADSY/73/2006 delivered on 9th June, 2014, wherein the lower Court entered Judgment in favour of the Respondent herein (as Plaintiff) in a claim seeking special and general damages against the Appellant and the 2nd Respondent.

A precis of the facts of the case at the lower Court is as follows: On 16th October, 2006 at about 2:00pm, the 1st Respondent visited his guinea corn farm at Hosere Mbembe in Yola South L.G.A. of Adamawa State and therein, he saw the 2nd Respondent on his farmland with the cattle of the Appellant numbering about one hundred and destroyed his crops.

The cows were led into his farm by the 2nd Respondent who was engaged by the Appellant to rear the Appellant’s cows. As a result, the 1st Respondent?s guinea corn farm was substantially damaged. The 1st Respondent immediately drove the cows away from his farm and thereafter confronted the 2nd Respondent, the cattle rearer who instead, threatened to kill him. The 1st Respondent, sensing

danger, left the farm immediately and returned home.

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The next day, 17th October, 2006, the 1st Respondent went to the cattle ranch of the Appellant to lodge a complaint to the Appellant about the events of the previous day. The Appellant was not at home but he met the 2nd Respondent.

Thereupon, the 2nd Respondent attacked and beat him up with a stick breaking his eye in the process and leaving him drenched in his own blood. Thereafter, the 2nd Respondent fled the scene abandoning both the 1st Respondent and the cows. The 1st Respondent proceeded to his house where his son and son-in-law took him to the Police Station to lodge a report, and subsequently to the hospital for treatment. He was first treated at a Private hospital and then referred to a Specialist Hospital for further treatment on the broken eye.

There, he was on hospital admission for one month as a result of which he incurred medical expenses on the purchase of drugs and extensive treatment. As a result of these events, the 1st Respondent suffered losses both on his farmland in terms of his crops, as well as physically to his person and his finances in terms of the injuries

inflicted on him. It is against this background that the 1st Respondent filed the claim against the 2nd Respondent (as a servant of the Appellant) and the Appellant, jointly and severally.

By an Amended Writ of summons issued on 19th April, 2007 (which amendment the lower Court granted by its order of 12-03-07 at pages 46-47 and 116-117 of the printed Record of proceedings), the 1st Respondent claimed various sums as special and general damages for trespass, mischief, medical bills and permanent physical damage to the left eye of the Respondent caused by the 2nd Respondent while in the employment and service of the Appellant.

Specifically, in terms of paragraph 25 of the said Amended Statement of claim, he claimed as follows:

1. ?Special damages of N90, 000.00 for the trespass and mischief caused on the Plaintiff?s Guinea Corn farm by the cattle of the 2nd Defendant while being tended by the 1st Defendant in the course of employment and in the service of the 2nd Defendant.
2. Special damages of N39, 340.00 being hospital bill and other expenditure for the treatment of the Plaintiff?s left eye

broken by the 1st Defendant while on trespass with cattle on the Plaintiff?s Guinea Corn farm and in the course of employment and service of the 2nd Defendant.

3. General damages of N10, 000, 000.00 (Ten Million Naira) for the permanent physical damage to the left eye of the Plaintiff caused by the 1st Defendant while on trespass on the Plaintiff?s Guinea Corn farm and in the course of employment and service of the 2nd Defendant.
4. Cost of this suit.?

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