INTERNATIONAL MESSENGERS NIG. LTD. V. ENGINEER DAVID NWACHUKWU

MUSDAPHER, JSC (Delivering the Leading Judgment): By a writ of summons issued by the High Court of the Federal Capital Territory, Abuja and in suit No. FCT/HC/CV/414/93, the plaintiff, Engineer David Nwachukwu claimed against the defendant, International Messengers Nigeria Ltd., a courier company, as per paragraph 14 of the statement of claim, as follows:-

"Whereof the plaintiff claims from the defendant the sum of one million Naira as general damages for the injuries that occurred to him as a result of the defendant's negligence and breach of duty of care."

In its statement of defence, the defendant denied liability and the matter proceeded to trial where the parties led evidence. In his judgment delivered the 24th day of September, 1997 the trial Judge found for the plaintiff but held that there was contributory negligence on the pari of the plaintiff (but did not indicate the extent) and awarded the plaintiff general damages in the sum of ₦100,000.00.

The learned trial Judge held…