OYEBANJI (MRS.) J. (Delivering the Lead Judgment): This
suit was commenced against the defendants herein, by a writ of summons sealed on 8 January 2008. A statement of claim was filed along with the writ. In opposition, the 1st defendant filed a statement of defence dated 8 May 2008. Though served with the originating processes and other processes filed in this suit, the 2nd defendant failed and/or neglected to file a defence to this suit. With the leave of court, pleadings were severally amended.
At the trial, the claimants relied on an amended statement of claim dated 26 January 2010 and filed on 27 January 2010, while the 1st defendant relied on an amended statement of defence dated 10 March 2010. In compliance with the rules of court, frontloaded documents were filed and exchanged.
The claims of the claimants as per their amended statement of claim dated 26 January 2010 were as follows:
“i. A declaration that the 1st defendant was negligent and breached the duty of care owed to thei…