OBADINA, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court sitting at Makurdi, contained in the judgment of Ogbole, J. delivered on 21/9/98. The appellant was the plaintiff at the trial court, while the respondents were the defendants.
According to the appellant, the plaintiff/appellant is a medical doctor and was at all times material to this case, the Acting Director of Primary Health and Disease Control with the Benue State Ministry of Health, Makurdi. In that capacity, he was the Administrative Head of the Department, the major function of which was the prevention and combating of diseases and epidemics. In January, 1995, there was an outbreak of cerebrospinal meningitis in several Local Government Areas of Benue State, including Oju and Kwande Local Government Areas. The appellant through his Commissioner, sought for and obtained funds from the Military Administrator of the State to purchase vaccines. The vaccines were …