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C & C CONSTRUCTION COMPANY LTD. & ANOR. V. SAMUEL TUNDE OKHAI

(2003) JELR 46806 (SC)

Supreme Court  •  SC.8/1999  •  12 Dec 2003  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC; DENNIS ONYEJIFE EDOZIE JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

I. C. PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal in respect of the claim by the respondent against the appellants for the injury he suffered as an employee in the course of his work and for which the trial court had refused or failed to find in the respondent's favour. For this he appealed to the Court of Appeal, which gave him judgment.

The synopsis of the case is that the respondent while on duty which involved the servicing of the appellants' crane sustained grievous injuries arising out of the 2nd appellants failure as switch operator to use due care as the respondent alleged in his working unit in that the switch operator caused the crane being serviced to be connected to the electricity from which it derives its power of mobility and functionality. Arising out of the negligent act of the appellants the crane became agitated and caused a drum of the crane to rollover violently over the respondent's left f…

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