Imhanlu Kherekholo V. Samuel Uda (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A. (Delivering the Leading Judgment)

The Respondent in this appeal who was the Plaintiff in the court below had commenced proceedings at the High Court of Edo State sitting at Ubiaja (which proceedings were later transferred to Ekpoma) against the Appellant who was the Defendant claiming “N500,000:00 (Five Hundred Thousand Naira) as damages suffered by the Plaintiff as a result of the conduct of the Defendant in setting fire to the plantation of Ducanut trees, rubber trees and mango trees of the Plaintiff.”

Pleadings were filed andexchanged and the matter proceeded to trial at the end of which the learned trial Judge found for the Respondent and awarded N100,000.00 (One Hundred Thousand Naira) in his favour as General damages and N3,000.00 (Three Thousand Naira) as costs. Aggrieved by the decision of the trial Judge, the Appellant has now appealed to this court on seven Grounds which, without their particulars, are set out herein as follows:

“GROUND 1

The learned trial Judge erred in law when he held that in the instant case, the Plaintiff has proved

his case to my satisfaction and with the preponderance of evidence as required by law. I believe the evidence of the Plaintiff that:

(1) His Plantation was burnt on the 27th March, 1990.

(2) That the Defendant burnt his farm on 27th March, 1990

(3) That the fire from the Defendant’s burning farm spread to the Plaintiff’s plantation on 27th March, 1990 and thereby came to a wrong decision. ”

GROUND 2

The decision is against the weight of evidence.

GROUND 3

The learned trial Judge was perverse in his evaluation and assessment of the evidence of witnesses and thereby erred in law and misdirected himself on the facts in arriving at a wrong decision.

GROUND 4