JA'AFARU MIKA'ILU, (Delivering the Leading Judgment): The appellant's case is that while in the employment of the Respondent, a limited liability company mainly in the business of manufacturing own carpets he sustained an eye injury which permanently impaired his sight. Employed as a fork lift operator, the appellant in the course of his employment in the company of a Belgian expatriate staff by name Mr. Patrick suffered severe burns in his eye from the dust that flew from a cigarette which Mr. Patrick was smoking. Thereafter the appellant was taken to Mercy Hospital Abak, Akwa Ibom State where he received treatment without recovery. This incidence is said to have occurred in 1986.
Soon after his appointment was terminated without compensation. The appellant consulted lawyers who wrote series of letters to the respondent demanding compensation on appellants' behalf. Throughout their exchange of correspondence, Respondent did not deny liability. For instance on 7th October, 2004, respo…