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COMPAGNIE GENRRALEDE GEOPHYSIQUE (NIG.) LTD v. LUKE ASAAGBARA & ANOR

(2000) JELR 38390 (CA)

Court of Appeal  •  CA/PH/365/98  •  22 Jun 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): In this case, the plaintiff who worked for the defendant as a casing clerk had filed an action against the defendant now Appellant which is a company that is engaged in oil exploration activities of drilling nature and which involves carrying of heavy pipes in the fields. In the course of the plaintiff's work he has to put on some overall. The overall garment was said to have been torn by a sharp stick on the swampy terrain the parties were working. The stick tore through his penis and pierced his scrotum and the stomach. He was hospitalized in Port Harcourt Teaching Hospital where he was treated after which he was given a paper that he is now impotent.

He brought this action against the Appellant for negligence. The Appellant then as defendant filed a motion praying the court to strike out the suit for want of jurisdiction. The motion was supported by an affidavit of 6 paragraphs. Paragraph 4 of that affidavit states that:

"In…

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