S. KAWU, JSC (Delivering the Leading Judgment): In her writ of summons filed on 20th day of July, 1987, the plaintiff, a minor, instituted this action by her next friend, the mother, claiming against the 1st, 2nd and 3rd defendants, jointly and severally:
"the sum of ₦100,000 (one hundred thousand naira) being special and general damages for assault and battery and negligence in that on the 2nd day of December, 1985, the first defendant who is a servant of, and under the control and employ of the 2nd and 3rd defendants, as a Teacher at the Community Primary School, Ohekelem, Ngor Okpala mercilessly flogged the plaintiff a minor and pupil of Community Primary School, Ohekelem, Ngor Okpala within jurisdiction which resulted in the loss of her left eye."
The facts which gave rise to the claim are stated in paragraphs 1, 2, 5, 6, 7 and 8 in the plaintiff's Statement of Claim as follows:-
"STATEMENT OF CLAIM
1. The plaintiff, who brings and prosecutes this action by her next friend BENADET…