I. T. MUHAMMAD, J.S.C.: (Delivering the Leading Judgment): The plaintiff took out a special indorsed Writ of Summons from the Kaduna State High Court of Justice, holden at Kaduna [trial court]. The defendant, who was served with the Writ of Summons was a commissioner in the Kaduna State Government. The plaintiff alleged that on or about the 20th day of March, 1995, about 6.00pm; he was riding his motorcycle along the Constitution Road [dual lane] heading to Kabala Costain from Ahmadu Bello Stadium. When he got to a U-turn, very close to Abubakar Kigo road, the defendant supposedly trying to make a U-turn, negligently drove, managed and controlled his Peugeot 505 and caused or permitted his said vehicle to collide violently and hit down the plaintiff who claimed to be riding along his lane of the said road, thereby causing substantial and grave injuries to the plaintiff. Plaintiff particularized the alleged negligence;
(a) the defendant failed to give the said on-coming motor-cyclist (…