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R. O. IYERE V. BENDEL FEED AND FLOUR MILL LTD.

(2008) JELR 33361 (SC)

Supreme Court  •  SC.309/2002  •  5 Dec 2008  •  Nigeria

Coram
NIKI TOBI JSC; SUNDAY AKINOLA AKINTAN JSC; WALTER SAMUEL NKANU-ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; JAMES OGENYI OGEBE JSC;

Judgement

I.T. MUHAMMAD, JSC (Delivering the Leading Judgment): The appellant herein, as plaintiff at the High Court of Edo State, holden at Ekpoma in Ekpomu judicial division, was employed by the defendant (respondent in this appeal) as SILO attendant at the defendants Feed and Flour mill at Ewu. The plaintiff claimed that on the 7th of August, 1991, he was in the course of his said employment assigned to the duty operator in the absence of the production manager and the suo superintendent to discharge a truck of fish mill along with his colleagues. The plaintiff averred that during the process of discharge there was frequent stoppage of intake of materials which he said he reported to the duty operator who confirmed to him that he was aware of the problem. The duty operator was one D. Agbator who, as usual assigned the plaintiff to clear the conveyor or running machine to check the constant stoppage of intake of materials by the running machine. Plaintiff said that he obeyed the switch operat…

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