Alhaji Shehu Petel & Ors V. Alh. Abdullahi Ibrahim Maiturare (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment)

This appeal emanated from the Judgment of the Adamawa State High Court, Yola in SUIT NO-ADSY/34/08: ALH ABDULLAHI IBRAHIM MAITURARE Vs. ALHAJI SHEHU PETEL & 9 OTHERS delivered on the 21st DAY OF MARCH 2013, wherein Judgment was entered in favour of the plaintiff against the defendants jointly and severally.

Briefly, the facts of the case are that the respondent (i.e. the Plaintiff at the lower court) by an amended Writ of summons and a statement of claim both dated 14th November 2008, claims against the defendants jointly and severally as follows:-

“(1) (N5,015,570) Five Million Fifteen Thousand Five Hundred and Seventy Naira being damages for assault and battery.

(2) (N5,000,000.00) Five Million Naira being general damages for false imprisonment.

(3) (N5,000,000.00) Five Million Naira being general damages for slander.

(4) Cost of this suit.”

Pleadings were duly ordered and only the plaintiff called witnesses at the hearing. At the conclusion of hearing, the Learned trial Judge found in favour of the Plaintiff against the defendants jointly and severally in the following terms:

(1) The Defendants (i.e the Appellants) shall jointly and severally pay to the plaintiff the sum of Two Million naira only being damages for assault and battery which they meted on him on the 7th of September 2007.

(2) The Defendants (i.e the Appellants) shall jointly and severally pay to the plaintiff the sum of One Million Five Hundred Thousand Naira only (N1,500,000.00) being damages for false imprisonment which they meted out on him on the 7th and 8th of September 2007.

The Appellants who were dissatisfied with the Judgment of the Lower Court now appealed to this court.

The Learned Counsel for the Appellants formulated three (3) issues for the determination of the appeal. The issues are set out as follows:-

“(1) Whether or not the Judgment of the trial court delivered in chambers is and therefore unconstitutional and delivered without jurisdiction.

(2) Whether or not the Learned trial judge has breached the rules of fair hearing of the Appellants when he refused to hear the written final address and the witnesses of the Appellants by proceeding to deliver judgment.