Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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
b1
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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login