ABI
V.
CBN & ORS.

(2011) JELR 46105 (CA)

Court of Appeal · CA/A/262/2007 · 3 Jun 2011 · Nigeria
·

Other Citations

Abi v. C.B.N. (2012) 3 NWLR (Pt. 1286) 1

CORAM

PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

evidence

3rd respondent

trial court

exhibit b

1st respondent

learned counsel

dw2

3rd respondents

learned trial judge

submission of the learned counsel

lagoon hospital lagos

special damages

statement of claim

1st defendant

3rd defendants

further submission

plea of res ipsa loquitur

documentary evidence of the plaintiff

further proof

judgment of the learned trial judge

notice of appeal

specific doctrine of res ipsa loquitor

2nd respondent

above decision of the federal high court

abuja clinic shows

cause of treatment

conclusive proof of the plaintiff

counsels

cross appellant

end of the evidence of witnesses

evidence act cap

expert witnesses

federal high court

further drugs

laws of the federation of nigeria

leading judgment

learned counsel g.n.a. enebeli

medical conditions

part of the medical record of the appellant

proof of the cause of injury

reasonable explanation

respondent case

retainer hospitals of the 1st respondent

second opinion

such evidence

trial judge fails

REGINA OBIAGELI NWODO, JCA (Delivering the Leading Judgment): The appellant as plaintiff in the Federal High Court, Abuja Judicial Division commenced a suit by writ of summons and statement of claim filed on 29/07/04 wherein he claimed with interest at the prevailing rate up to the date of judgment and thereafter until final payment as follows:-

(a) A declaration that the 1st defendant is vicariously liable to the plaintiff for medical negligence of its employed agent Abuja Clinics whose Dr. Etinam Udom negligently diagnosed, administered wrong medication which caused the plaintiff to become permanently deaf,

(b) An order directed to the defendant to pay the plaintiff N500,000,000.00 special damages and N500,000,000.00 general damages.

In response the 1st defendant filed their statement of defence on 08/11/04. The 2nd and 3rd defendants filed a joint statement on 09/12/04. The plaintiff filed a reply to the set of defendants' statement of defence. One witness testified for the plaint…

ABI V. CBN & ORS.

ABI
V.
CBN & ORS.