REGINA OBIAGELI NWODO, JCA (Delivering the Leading Judgment): The appellant as plaintiff in the Federal High Court, Abuja Judicial Division commenced a suit by writ of summons and statement of claim filed on 29/07/04 wherein he claimed with interest at the prevailing rate up to the date of judgment and thereafter until final payment as follows:-
(a) A declaration that the 1st defendant is vicariously liable to the plaintiff for medical negligence of its employed agent Abuja Clinics whose Dr. Etinam Udom negligently diagnosed, administered wrong medication which caused the plaintiff to become permanently deaf,
(b) An order directed to the defendant to pay the plaintiff N500,000,000.00 special damages and N500,000,000.00 general damages.
In response the 1st defendant filed their statement of defence on 08/11/04. The 2nd and 3rd defendants filed a joint statement on 09/12/04. The plaintiff filed a reply to the set of defendants' statement of defence. One witness testified for the plaint…