UCHE OMO, JSC (Delivering the Leading Judgment): On the 17th May, 1993, this appeal was heard and dismissed by this Court. It was then adjourned to the 9th July, 1993 when fuller reasons for the dismissal would be given. I now proceed to do so by delivering this judgment.
The appellant in this case was sued in the High Court of the then Anambra State (Enugu Judicial Division) jointly with his "brother"- George Ibekendu (as 2nd defendant) by the respondent who claimed against the two defendants, jointly and severally, ₦50,000.00 special and general damages for personal injuries to the respondent allegedly occasioned by their negligence.
This claim arose from a motor accident on the Enugu - Onitsha highway which occurred in July 1979 in which a Toyota Hiace Bus driven by the appellant/1st defendant collided with the respondent, who was walking by the side of the highway. Injuries were inflicted on the left leg of the respondent which crushed mainly the ankle. This resulted in the said leg…