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CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant in this appeal, [as the plaintiff at the High Court], took out a Writ of Summons at the High Court of the Warri Judicial Division against the respondents herein [as defendants], jointly and severally, claiming the sum of Four Million Naira (N4,000,000), being special and general damages for assault and battery. It was alleged that the defendants committed the said tortious acts against the appellant on April 26, 1988. This allegedly occasioned the permanent loss of his eye. It also resulted in persistently severe and continuing excruciating pains and suffering.
Notwithstanding several attempts, the defendants were not served with the processes. All the same, the High Court, (hereinafter, simply, called "the trial Court), proceeded to the hearing of the case. The plaintiff presented his case whereupon the matter was adjourned about seven times. Learned counsel for the plaintiff addressed the Court on October 22,…