MR. R.O. IYERE V. BENDEL FEEDS AND FLOUR MILL LTD.

ROWLAND, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of Hayble, J., sitting at the Ekpoma High Court in suit No. HEK/14/94 delivered on 13th March, 1998. The appellant, as plaintiff at the court below, claimed from the respondent, as defendant, in paragraph 18 of the statement of claim the sum of ₦5,000,000.00 (five million naira) being special and general damages for negligence. Pleadings were ordered, filed and exchanged. The plaintiff gave evidence and called one other witness. Four witnesses testified for the defence. After the addresses of counsel for the parties, the learned trial Judge, in a reserved judgment, dismissed the claim of the plaintiff.

Dissatisfied with the judgment, the plaintiff has appealed to this court on a number of grounds of appeal. The parties filed their respective briefs from the grounds of appeal. The appellant in his brief formulated the following issues for determination. They read:-

“1. Whether the principles of law in the…