(2004) JELR 45108 (CA)    

Court of Appeal  ·  CA/L/225/2001-CA/L/514/2001 ·  21 Apr 2004 ·  Nigeria
Other Citations
Ahamefule v. Imperial Merl. Center (2005) 5 NWLR (Pt.917)51
PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
notice of preliminary objection
expert opinion
lead judgment
notice of appeal
ruling of the court
trial judge
virtue of section
brief of argument
consent ruling
court room
decision of the federal high court
final decision
grounds of appeal
learned counsel
leave of court
leave of the court
aderemi j.c.a.
appellant giving evidence
appellate court
competent ruling
consent of the parties
constitutional requirement
constitutional right of access
criminal proceedings
expert advice
grounds of her hiv
high court of lagos state
interlocutory ruling of the court
leading judgment
m. d. muhammad
medical expert
mrs. bowei
records of appeal
relevant issues
risk of the plaintiff
senior counsel
short ruling of the learned trial judge
support of the said notice of preliminary objection
valid appeal
view of the learned counsel
voluntary agreement

ADEREMI J.C.A. (Delivering the Leading Judgment): In the court below, High Court of Lagos State, the learned trial Judge had ordered the plaintiff, now the appellant before this court to produce an 'expert opinion' on the risk of the plaintiff/appellant giving evidence in court on account of her Human Immuno-Deficiency (HIV) positive status. Suffice it to say that the plaintiff/appellant had taken out a writ of summons against the respondents who were defendants before that court claiming some reliefs against them for the termination of her employment on grounds of her HIV - positive status. Before hearing in the case commenced in the court below, counsel for the defendants/respondents had asked for assurances that counsel in the matter, the judge and other litigants in the court room would not be infected with HIV if the appellant, an HIV - positive, was allowed to come into the court room to give evidence. He urged on the court to require the plaintiff/appellant to produce a medical…

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