MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgmentof the Lagos Division of the Court of Appeal, hereinafter referred to as the court below, allowing in part the appeal against the decision of the Lagos State High Court. The judgment being appealed against was delivered on 25 June 2002. The facts of the case which brought about the appeal are brief and hereunder stated.
By his writ of summons and the accompanying statement of claim filed on 29 July 1992, the appellant as plaintiff claimed the sum of N2,000,000.00 (two million naira) against the respondent then being the defendant. The sum is damages for the injuries the appellant sustained on 23 October 1990 arising from respondent’s negligence. The appellant asserts that his legs were trapped in the lift in respondent’s hospital as he was being evacuated from the theatre after surgery to the ward on a lower floor. Appellant avers that he sustained severe fracture in his limbs as a result of the accide…