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CHARLES NAUDE COX HERHOLDT SCC NIGERIA LTD V. MONDAY SIMON

(2013) JELR 55426 (CA)

Court of Appeal  •  CA/A/50/2011  •  19 Apr 2013  •  Nigeria

Coram
AMIRU SANUSI JCA (Presided) ABUBAKAR DATTI YAHAYA JCA TINUADE AKOMOLAFE-WILSON JCA (Read the Lead Judgment)

Judgement

AKOMOLAFE-WILSON JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice Folashade Ojo of the High Court of Federal Capital Territory, Abuja delivered on 25 November 2010.

The respondent, the plaintiff in the lower court, an electrician, was a staff of the 3rd appellant, while the 1st and 2nd appellants, White South Africans were technical staff of the 3rd appellant. On 20 September 2006, the respondent who was on a night shift was assaulted and battered by the 1st and 2nd appellants, after calling him a “black monkey”, in the course of his work when he was instructed to effect repairs in the apartment of the 1st and 2nd appellants’ neighbour. He was rushed to the hospital where he was revived and spent five days before he was discharged. Thereafter, the respondent filed this action against the appellants claiming:

“i. The sum of ₦50,000,000.00 (fifty million naira) as general/aggravated damages for assault and battery committed by the defendants again…

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