Judgment
MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment) : By a Notice of Appeal founded on four grounds of appeal dated and filed on 8th August, 2017, the Appellants challenged the judgment of the Federal High Court, Lagos Division (the lower Court) in Suit No. FHC/L/CS/1612/2013, delivered by I.N. Buba, J., on the 7th day of July 2017. On 14/03/2018, the Appellant filed an Amended Notice of appeal containing five (5) grounds of appeal and was deemed properly filed on 06/07/2021. Before the lower Court, the Appellant and the Respondent were the Defendants and Plaintiff respectively.
As Plaintiff before the lower Court, the Respondent claimed the following reliefs against the Defendants/Appellants at paragraph 27 of his Statement of claim: a. AN ORDER directing the 1st, 2nd and 3rd defendants to pay the sum of N100,000,000 (One Hundred Million) jointly and/or severally to the plaintiff being damages suffered as a result of the negligence of the 1st, 2nd and 3rd defendants. b. AN ORDER directing the 1st, 2nd and 3rd defendants to bear the cost of carrying out of adequate surgery on the plaintiff at a reputable hospital. c.
AN ORDER compelling the defendants jointly and/or severally to apologize to the plaintiff through a letter of apology that must be published in three National dailies. d. Cost of this action. The Appellants/Defendants denied the claim and the matter proceeded to trial. While the Respondent called two witnesses, the Appellants called a sole witness. At the end of trial, the lower Court entered Judgment for the Respondent in the following terms: “(i).
An Order directing the 1st, 2nd and 3rd Defendants to pay the sum of N100,000,000 (One Hundred Million Naira) jointly and/or severally to the Plaintiff being damages suffered as a result of the negligence of the 1st, 2nd and 3rd Defendants. (ii). An Order directing the 1st, 2nd and 3rd defendants to bear the cost of carrying out of adequate surgery on the plaintiff at a reputable hospital. (iii).
An Order compelling the defendants jointly and/or severally to apologize to the plaintiff through a letter of apology that must be published in three National dailies.” It is this judgment that the Appellant appealed against.
