JUDGMENT
On 6th April, 2004, the Plaintiff, who was an employee of the Defendant company issued out a writ of summons against the Defendant for the following reliefs:-
i. General and punitive damages for pain, suffering and loss of amenities of life.
ii. Costs.
The Defendant entered appearance on 30th April, 2004 and went on to file a statement of defence on 11th May, 2004 denying the claim of the Plaintiff. The Plaintiff filed a reply to the Defendant’s statement of defence. On 21st June, 2004 the Plaintiff filed summons for directions in which it listed down the following issues:-
i. Whether or not the Plaintiff is entitled to his claim.
ii. Whether or not the Defendant can put up the defence of volenti non fit injuria.
iii. Any other issues arising from the pleadings.
On 29th June, 2004 the Defendant filed the following additional issues:-
Whether or, in the absence of volenti non fit injuria, the Plaintiff was contributory negligent.
On 23rd January, 2007 the Plaintiff filed an amended stat…