AYOBODE O. LOKULO-SODIPE, J.C.A, (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory (presided over by Honourable Justice A.I. Adebukunola Banjoko) delivered on 14th June, 2005. (See pages 206- 229 of the Record). A Ruling was later delivered on 11th October, 2005 by the trial court in respect of the said judgment. (see pages 231-237 of the Record).
In the 2nd Amended Statement of Claim at pages 29-33 of the Record, the Plaintiff/Respondent disclosed that he was instituting the action before the lower court as "a representative Plaintiff" on behalf of the Immediate Family of the deceased, one Prince Stanley Ezewuodo. The plaintiff disclosed in the said 2nd Amended Statement of Claim (hereinafter simply referred to as Statement of Claim") that he is a cousin to the deceased Prince Stanley Ezewuodo. The action was instituted under the Fatal Accident Act. It was alleged that the death of Prince Stanley Ezewuodo resulte…