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TECNO MECHANICAL (NIGERIA) LIMITED v. ADISA OGUNBAYO

(1999) JELR 42466 (CA)

Court of Appeal  •  CA/I/22/97  •  10 Nov 1999  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MORONKEJI OMOTAYO ONALAJA JCA; FRANCIS FEDODE TABAI JCA;

Judgement

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff henceforth referred to in this judgment as respondent was engaged in the employment of the defendant now appellant in this judgment as a security staff as per undated letter titled "OFFER OF APPOINTMENT' admitted and marked Exhibit 'B' respondent commenced work in the factory of appellant situate at PAKOTO AREA, IFO, Ogun State on 10th January, 1994.

On 13th January, 1994 in the course of duty as security staff at about 11.45 a.m. he was on patrol of appellants factory premises when a forklift driven by one labourer, also an employee, of the appellant knocked him down from his back and was rescued by one Mufu also a servant of appellant. As a result of the accident when respondent was knocked down with the forklift wrongly driven by Fatayi Enitan he received personal injuries and was referred to the Accident and Emergency Centre of Lagos University Teaching Hospital on 13th January, 1994 the same day of the accident, and…

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