BELGORE, J.S.C. (Delivering the Leading Judgment): On 27th January, 1994 I dismissed this appeal and adjourned to today for giving fuller reasons for doing so. I now give my reasons.
On 13th March, 1985, Jimbo Mfioke Akpan (hereinafter referred to as the "deceased") was in his car driving along Ekpo Abasi street Calabar. His wife Aggie, was sitting by his side. On getting to Maine Street the deceased was about to manoeuvre and turn there and in the process accidentally hit a motor-cycle ridden by Lawrence Asuquo Thomas the appellant. On the motor-cycle's pinion sat appellant's daughter who was being taken to school. The appellant and his daughter, as a result of the impact fell down the daughter actually ending up in a gutter. The deceased expressed his regret for the minor accident but the appellant insisted he should come out of the car to see the extent of damage to his motorcycle. The deceased politely complied and on looking at the motorcycle undertook to get it repaired. The app…