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FEDERAL STAFF HOSPITAl JABI & ANOR v. MR. CHIJIOKE OHANAKA & ANOR

(2018) JELR 38407 (CA)

Court of Appeal  •  CA/A/754/2015  •  12 Jul 2018  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA;

Judgement

TANI YUSUF HASSAN, JCA (Delivering the Leading Judgment): At the Federal High Court, Abuja the 1st respondent as plaintiff instituted an action against the 1st, 2nd appellants and the 2nd respondent as 1st, 2nd and 3rd defendants and the Attorney General of the Federation as the 4th defendant therein on 25th April, 2014 claiming the sum of ₦35,000,000.00k being general damages suffered by the plaintiff and his wife arising from negligent and wrongful report on the plaintiffs genotype.

The plaintiff (1st respondent herein) also claims special damages in the sum of ₦18,000,000.00k and cost of the action. The 1st and 2nd defendants/appellants filed a notice of preliminary objection on 14th October, 2014 challenging the jurisdiction of the Court to entertain the matter. On 4th June, 2014, the 4th defendant also filed a notice of preliminary objection on the ground that no cause of action was disclosed against the 4th defendant. The preliminary objection was upheld and name of the 4th defen…

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