EJEMBI EKO, JCA (Delivering the leading judgment): The Appellant, a multinational company with South African Management, is a construction company. Not satisfied with the judgment of the Rivers State High Court (Coram: J.M. Kobani, J) directing the Appellant to pay N1,000,000.00 as general damages to the Respondent, a Nigerian and a carpenter, it lodged its notice of appeal on 6th February, 2006 with six (6) grounds of appeal.
Out of the 6 grounds of appeal, two (2) issues for determination have been formulated by the Appellant and the Respondent. They are:
1. Whether the learned trial Judge was right when he held that the Respondent had established that he was a staff of the Appellant at all times material to this case.
2. Whether the learned trial Judge was right when he held the Appellant liable for breach of Factories Act in the absence of pleading and evidence led as to defect in equipment and inadequacy of safety device.
The Respondent was the plaintiff at the trial court. The …