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EBENEZER ENYI V. PRODECO INTERNATIONAL LIMITED

(2018) JELR 38826 (CA)

Court of Appeal  •  CA/PH/119/2016  •  2 Feb 2018  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ISAIAH OLUFEMI AKEJU JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Appearances
U.O. Umo-Udofia, Esq. For Appellant T.C. Kienabere, Esq. with him, C.A. Onipabo, Esq. For Respondent

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Rivers State (hereinafter to be known and or referred to as the lower/trial Court), coram B. A. Georgewill J. (as he then was) in suit No. PHC/1770/2005 delivered 21st December, 2009.

The appellant before us was the plaintiff at the lower Court and by way of a writ of summons he made the following claims against the defendant who before us is the respondent:

i. N5,000,000.00 being general damages for negligence for failure to exercise its duty of care in ensuring the safety of its equipment particularly its turning machine that severed the finger off the plaintiffs hand on the 21/8/03.

ii. N10,000,000.00 being general damages for Pain and Suffering and loss of amenities of life which the Plaintiff has and continues to endure as a result of loosing his finger while working on the Defendants turning machine on the 21/8/03.

iii. A declaration that the sum of N25,000.0…

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