AMIRU SANUSI, JCA (DELIVERING THE LEADING JUDGMENT): The plaintiff, now respondent took a Writ of Summons at the Edo State High Court of Justice (the lower court) against the defendants, now appellants.
The plaintiff (respondent) was a motorcyclist engaged in commercial transport with his motorcycle as well as a motorcycle mechanic. On 14/2/96, he took a passenger on his motorcycle and going along Effurun Road. At a point, he dropped his passenger on the pedestal walkway and not on the main road. While standing near his motorcycle far from the tarred portion of the road, a vehicle driven by the first defendant/appellant, an expatriate drove off the main road and hit the plaintiff on the spot where he was standing. As a result of that, plaintiff's left leg was broken and he also sustained some injuries all over his body. The motorcycle also got completely destroyed.
Sequel to that the plaintiff/respondent instituted the suit at the lower court and claimed the under mentioned damages:-
A…