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S. C. C. (NIGERIA) LTD. V. OKPARA ELEMADU

(2004) JELR 52126 (CA)

Court of Appeal  •  CA/J/74/97  •  11 Mar 2004  •  Nigeria

Coram
ALOMA M. MUKHTAR, JCA (Presided and Read the Lead Judgment) AMIRU SANUSI, JCA IKECHI FRANCIS OGBUAGU, JCA

Appearances
M. A. Ekone Esq. - for the Appellant. -*- O. B. A. Madubuachi Esq - for the Respondent.

Judgement

MUKHTAR, JCA (Delivering the Lead Judgment): In an amended statement of claim, the plaintiff in the lower court, who is now the respondent, sought the following reliefs against the appellant/defendant:

Loss of earnings at N2,500.00 per month for 26 years ..... N780,000.00 And damages for emotional strain for pain, anguish, scars and inability to copulate .... N 1,720.00 Total = N2,500,000.00 The plaintiff claimed the above damages as a result of the injuries he sustained in the course of his duty as a crane driver for the appellant/ defendant/contractor. According to the plaintiff, he was lifting pipes from one of the defendant’s trailers into pipe holes when the boom of the crane touched the high tension over head wire, and this shocked and burned him. He was rushed to Jos University Teaching Hospital where he was on admission for four weeks. The plaintiff now has burn scars all over his body, and has permanent pain on his left shoulder. He also lost the 2nd and 3rd digit of his rig…

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