I.L. KUTIGI, JSC (Delivering the Leading Judgment): At the Port-Harcourt Division of the Federal High Court, the Plaintiff sued the Defendants for the sum of ₦500,000.00 being special and general damages arising out of the Defendants' negligence in causing the collision and total wreckage of his (Plaintiff) local passenger/goods boat "M.V. Ololo" near Degema along Nembe - Port Harcourt inland waterway. Only the 1st Defendant was originally sued, but on its application, it was granted leave to join the 2nd Defendant.
After the filing and exchange of pleadings the case proceeded to trial. At the hearing the Plaintiff testified on his own behalf and called no witnesses. He tendered a number of documentary exhibits in evidence. The 1st Defendant also called one witness while the 2nd Defendant called two witnesses.
After the conclusion of evidence learned counsel for the parties addressed the court. In a reserved judgment delivered on 30th July 1987, the learned trial Judge held amongst ot…