TUNDE OYEBANJI AWOTOYE J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the 2nd Defendant/Appellant against the decision of Imo State High Court in Suit No: HOU/12/99 LUKE NWADI v. GIDEON OGUNTA and ORS. decided on 14/12/2005.
On 13/5/99, the plaintiff instituted an action under the Fatal Accidents Law Cap 52 Laws of Eastern Nigeria claiming against the Defendants jointly and severally N1,054,000 as damages.
The claim of the Plaintiff can be captured as follows:-
1. The Plaintiff is the father of the deceased Miss Dorothy Nwadi of Mbubu in Amiriin Orlu East Local Government Area in Imo State of Nigeria. The Plaintiff is a retired civil servant and resides at Mbubu in Amiri aforesaid, within the jurisdiction. The Plaintiff brings this action for the benefit of himself and for benefit of the members of the immediate family of the deceased Miss Dorothy Nwadi, who are entitled to sue under the Fatal Accidents Law, Cap. 52, 1963 Laws of Eastern N…