OPUTA, JSC (Delivering the Leading Judgment): On the 31st January, 1989, the Court heard this appeal. After reading the Briefs of Argument filed by the parties and hearing learned counsel for the appellants elaborate some of the points agitated in his Brief, I formed the impression that there was no substance in the appeal. The appeal was accordingly dismissed. The Court did not even call upon Mr. Ezugha - learned counsel for the respondents. Reasons for judgment were then adjourned to today the 28th day of April, 1989. Hereunder are my reasons.
This is yet another classic example of one of those expensive luxuries in civil litigation which leaves the central issue in dispute untouched while concentrating on peripheral skirmishes. The present respondents were plaintiffs in the court of first instance. They sued the defendants in the Lagos High Court before Fafiade, J, claiming damages for negligence. The present appellants who were the defendants in the original action then took an ob…