OPUTA, JSC (Delivering the Leading Judgment): On the 20th January, 1987, when this appeal came up for hearing the Respondent was not in Court and he was not represented by counsel. Chief Oriade for the Appellants then informed the Court that the Respondent's counsel Chief Okusaga was in Court on the 17th June, 1984 to oppose his motion for a stay of execution. He knew of this appeal. The Respondent did not even file any Brief of argument. Under order 6 Rule 9(1) of the Supreme Court Rules 1985 this appeal can proceed without learned counsel for the Respondent who even if he is present will not be entitled, without leave of Court, to oral hearing in the circumstances.
There are very many facts that are not in dispute in this case. It is common ground that the Plaintiff in the Court of first instance and the Respondent in this Court, Jonathan Otusanya, was on the 22nd day of April, 1969, travelling as a farepaying passenger on board a commercial lorry No. LG 3145 driven by one Buraimoh …