PAUL ADAMU GALINJE, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Oyefesobi, J of the Lagos State High court, which was delivered on the 30th May 2001.
The facts of the case are straightforward and are ably set out in the 1st and 2nd Respondents' brief of argument. I will do no more than to recount them briefly.
The 2nd Appellant herein is the mother of the 1st Appellant who was born on the 19th April 1997 at the Chevron Clinic, Lekki Peninsula, Lagos. On the 11th of May 1997, the Appellant was sick and was taken to that clinic, which is owned by the 2nd Respondent, for treatment. The 1st Respondent, a medical doctor attached to the clinic examined the 1st Appellant and found that he was suffering from severe infection which led to severe shortage of blood in his body. He was placed on antibiotics and by the morning of 12th May 1997 it was clear that the antibiotics were not working as the 1st Appellant was convulsing and could not breathe properly …