EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment): This Appeal No. SC/1543/2019 is against the judgment of the Court of Appeal delivered on 5- 8-2019 in Appeal No. CA/B/239/2017 that allowed the appeal, granted the claim of the claimants after reversing and setting aside the judgment of the High Court of Delta State at Effurun delivered on 8-3-2017 in Suit No. EHC/13/2012 that had dismissed the said claim of the claimants.
The parties herein have filed, exchanged and adopted their respective briefs as follows- appellant's brief and respondent's brief.
The appellant's brief raised two issues for determination as follows-
1. "Whether the learned Justices of the lower Court were right when they held that the appellant was grossly negligent when it proceeded to pay the said Chimere Nwogu, the sum of N460,000 (Four Hundred and Sixty Thousand Naira) on the 20th of August, 2010 and Knemskonam Gosiobo the sum of N490,000 (Four Hundred and Ninety Thousand Naira) without taking any s…