ALFRED YAHAYA V. FELIX CHUKWURA

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of S. O. Adagun J., sitting in the Biu Judicial Division of Borno State in suit No. BU/18/89 dated 31/10/91, wherein the respondent herein, as plaintiff in the court below, was awarded ₦15,000.00 (Fifteen Thousand Naira) general damages after his claim for special damages had been dismissed. As a passing remark, Adagun J. had transferred his services from the Borno State Judiciary to the Lagos State Judiciary shortly after he had delivered this judgment now on appeal. Indeed, he had voluntarily retired from the High Court Bench after having reached the statutory age of sixty-five years.

Naturally, the appellant felt aggrieved with the award made by the court below of general damages after the main claim had failed. On 5/1/92, therefore, the appellant filed, through his counsel, a notice and grounds of appeal containing one ground of appeal. Much later on 15/5/2000 and upon an application filed on 17/2/2…