that adequate measures were put in place to prevent any form of injury or death during the course of the training. The Defendant also avers that they were not negligent in providing adequate measures to prevent occurrence of injury and death during the course of the training. In consequence thereof, the Defendant sought an order of this Honourable Court dismissing the Application for lack of cause of action and merit. Thus, issues were joined by the Parties and the Suit slated for hearing. When the matter came up for hearing on the 6th of December, 2016, the Applicant brought an Application to call witnesses (DOC No 6) the Applicant and one Haliru but could not be heard on account of the Defendant having just been served in Court, The Applicant had earlier brought an Application to amend their originating Application (DOC No 4) which was granted on the 11th of October, 2016. The motion on notice to call witnesses (DOC No6) was granted on the 17th of May, 2017. The Court also heard the case on the same day. In his testimony (PW1) who identified himself as Haliru Ali and speaks Hausa, testified that he is from Rugogi Dam in Kaduna –Nigeria. He also testified that he is a fisherman, He also testified that the NDA usually contract his father (now late) to come as a diver in the course of their camping exercise. He took over from his father. That on the 30 th of April 2015, NDA officials informed him they intended to hold a training. He opened the gate to the dam 6