A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): This appeal is from a judgment of the Court of Appeal (Abuja Division) delivered on the 24th day of April, 1997. The lower court reduced the amount of ₦100,000.00 general damages awarded against the appellant to ₦50,000.00 for battery resulting from the amputation of the left centre finger of the respondent.
The facts that led to the institution of this case are as follows:
The plaintiff by his 18 paragraph amended statement of claim averred that on or about August 1991, in the course of removing some zinc from his mother's residence, he injured his left centre finger. He said the wound was not deep. Notwithstanding, the plaintiff's neighbours took him to the defendant's clinic. The defendant without due care and skill negligently amputated that finger, an exercise that permanently disfigured and incapacitated the plaintiff in handling objects. The plaintiff further averred that the defendant refused to surrender the amputated …