Facts:

The respondent was the plaintiff in the trial court. He claimed that he and his son, Mr. Sola Abogun were out at sea fishing at night in their 40 H.P. Yamaha engine powered wooden boat at the coast of Ilepete town in Ilaje Ese-Odo Local Government Area of Ondo State. They had with them two types of fishing nets equipped with fishing gears such as floaters lead and paddles. The respondents had four hurricane lanterns hung on these giant floaters deposited at intervals along the stretch of his nets so that other fishermen and trawlers could identify their location at sea from a safe distance. Suddenly, at about 5.00a.m they saw the light of trawling vessel at a distance. At this stage the respondent instructed his son to lift up one of the lanterns to warn the trawler of their presence. In order to compliment the effort of his son, the respondent also flashed the torchlight he was holding in the direction of the trawler to signify their presence. All these precautionary measures did not arrest the movement of the trawler towards them. As the trawler was dangerously close, the respondent held his son by the hand and they both jumped into the water.

The trawler hit the boat and wrecked it. After this the trawler maintained its course and did not stop to rescue them. The respondent floated by hanging onto the fuel tank of the Yamaha engine while his son held onto a piece of wood. They were both rescued by one Afork, also a fisherman who was operating his engine boat within the vicinity and was attracted to the scene by the noise caused as a result of the impact and the light of the respondent’s torch.