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GEORGINA AHAMEFULE V. IMPERIAL MEDICAL CENTER & ANOR.

(2004) JELR 45108 (CA)

Court of Appeal  •  CA/L/225/2001-CA/L/514/2001  •  21 Apr 2004  •  Nigeria

Coram
PIUS OLAYIWOLA ADEREMI JCA; MUSA DATTIJO MUHAMMAD JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

ADEREMI J.C.A. (Delivering the Leading Judgment): In the court below, High Court of Lagos State, the learned trial Judge had ordered the plaintiff, now the appellant before this court to produce an 'expert opinion' on the risk of the plaintiff/appellant giving evidence in court on account of her Human Immuno-Deficiency (HIV) positive status. Suffice it to say that the plaintiff/appellant had taken out a writ of summons against the respondents who were defendants before that court claiming some reliefs against them for the termination of her employment on grounds of her HIV - positive status. Before hearing in the case commenced in the court below, counsel for the defendants/respondents had asked for assurances that counsel in the matter, the judge and other litigants in the court room would not be infected with HIV if the appellant, an HIV - positive, was allowed to come into the court room to give evidence. He urged on the court to require the plaintiff/appellant to produce a medical…

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