DR. DARU & ORS V. BARRISTER IBRAHIM AMINU UMAR

PETER OLABISI IGE, J.C.A. (Delivered the Leading Judgment): This appeal is against the decision of the Plateau State High Court of Justice Holden at Jos contained in the Ruling of Honourable Justice M. I. Sirajo delivered on the 5th day of March, 2009. The facts leading to the appeal herein is pathetic. The wife of the Respondent was indisposed in June, 2007. She visited the Jos University Teaching Hospital for treatment.

The Respondent alleged in his statement of Claim at the lower Court that at the behest of the Appellants one thing led to another. The Respondent's wife was asked to undergo surgery operation which according to the Respondent led to the death of his wife. He consequently sued the Appellants vide his writ of Summons issued out of Plateau State High Court of Justice on 24th day of September, 2007 claiming against the defendants now Appellants jointly and severally as follows:-

"1. A declaration that the illness that the Plaintiff's wife (Mrs Safiya Ibrahim Aminu Umar)…