Okoye Chukwudi J
HELD:
HELD:
"This Court from a line of decisions held that-The law is trite that evidence not based on pleaded facts go to no issue and the Court cannot rely on in the resolution of dispute.
HELD:
"The claim of the Respondent is that the negligent actions of the Appellant caused the death of his son which consequently caused him as a parent, loss, psychological trauma and shock.
HELD:
"The Respondent can rightly commence and sustain an action in negligence against the Appellant even though the victim is deceased.
HELD:
"...It is glaring from the record of this appeal that the trial Court did not see the need for respondent's verbal restatement of the reliefs already asked for in the statement claim in his testimony in open Court.
HELD:
"Let me now consider the other argument that there was no cause for the respondent's action and that he had no right of action.
HELD:
"By virtue of S. 251(1)(r) of the 1999 Constitution, the Federal High Court has the exclusive jurisdiction to entertain the action for a declaration that the appellant's executive action of disconnecting electricity supply wires and leaving on the ground the live wires uninsulated is grossly negligent.
HELD:
"The failure of the respondent to reply to the appellant's argument that the claim for damages for negligence is not within the subject matter jurisdiction of the Federal High Court did not render the argument correct and sacrosanct.