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FABIYI JSC (Delivering the Lead Judgment): The appellant as plaintiff initiated her action in the High Court of Justice, Delta State against the respondents jointly and severally for the sum of N20,000,000.00 (twenty million naira) as general damages or compensation for the loss of the appellant’s right leg which was amputated and for pain and other hardships suffered by her as a result of an accident which was caused by the action of the respondents on 3 November 1994.
The trial of the matter was conducted by Narebor, J. The plaintiff testified and called three other witnesses. The defendants did not proffer any evidence in support of their pleadings. In short, they rested their case on that of the plaintiff.
The learned trial judge was duly addressed by counsel on both sides on the evidence garnered by him. In his judgment, he reasoned as follows:
“In paragraph 36(1)-(3), plaintiff pleaded particulars of negligence and gave evidence. PW1 also testified. On their part, there is no …