HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the High court of Kaduna state in suit No.KDH/KAD/399/2009 delivered by Honorable Justice J. Abiriyi (as he then was) on the 13th of July, 2010. By a writ of summons issued out of the High court of Kaduna State on the 4th of June, 2009, the Respondent, as plaintiff, commenced an action against the Appellant, as defendant, claiming for the sum of N20 Million as general damages.
The writ of summons was accompanied by a statement of claim dated the 3rd of February, 2009 as well as by a list of witnesses, written depositions of witnesses on oath, list of documents to be relied on at trial and copies of the documents. The Appellant responded by a statement of defence dated the 10th of August, 2009 and it was accompanied by written depositions of witnesses on oath and copies of the documents to be relied on at trial.
The case of the Respondent on the pleadings was that he was …