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MOHAMMED, JSC (Delivering the Lead Judgment): This is an appeal from the decision of the Court of Appeal, Lagos Division. From the pleadings, the appellant who was plaintiff at the trial court claimed that on the 2nd day of June, 1993 he went to buy fuel at Marina Filling Station
Lagos, belonging to the respondent. While he was at the Filling Station awaiting to buy fuel, explosion erupted and he was severely burnt in the face, neck, legs and upper limb. He was rushed to Oscar Clinic, Lagos and due to severity of the burns he was transferred to Moria Clinic, Lagos. The appellant averred that the burns caused him permanent disability and was no longer able to take part in any sports as he used to do. He incurred substantial costs for his treatment both at Oscar and Moria Clinics. He gave particulars of the injuries he suffered and negligence of the respondent. He also relied on the doctrine of res ipsa loquitur . For the reasons disclosed in the statement of claim the appellant clai…