A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): I have had little difficulty in deciding this appeal because of the nature of the points argued before us which are common place and replete with earlier decisions of this court.
Before argument, learned counsel to the appellant by motion dated 8th Feb, 1990 sought and was granted leave to introduce a new point of law, namely that the judgment of the trial court was a nullity. Learned counsel to the respondent did not oppose the application.
The two issues which will hereafter form the basis of my judgment which are as formulated by learned counsel to the respondents are as follows.
(a) Is there any legal basis for the award of ₦2,552,108 as general damages to the plaintiff/respondent by the Court of Appeal in substitution for the award of ₦25 ,000 awarded in that regard by the High Court?
(b) Whether or not the judgment delivered in this case by the High Court was a nullity and whether or not it could sustain any appeal to th…