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BOT & ORS
V.
JOS ELECTRICITY DISTRIBUTION PLC

(2021) JELR 108781 (SC)

Supreme Court 7 May 2021 Nigeria
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- The case involves a claim for damages under the Fatal Accident Law against the Respondent, an electricity distribution company. - The claim arises from the electrocution of the wife of the deceased and subsequent death of the deceased him

Case Details

Suit Number:SC.255/2010
Judges:Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC John Inyang Okoro, JSC Ejembi Eko, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC
Counsel:ZAKARI A. SOGFA, ESQ. For Appellants; ADEDAYO ADEDEJI, ESQ For Respondent.

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The instant appeal is a direct fall-out of the judgment of the Court of Appeal, Jos Judicial Division, delivered on April 18, 2007 in appeal no. CA/J/94/2003. By the judgment in question, the Court below allowed the Respondent's appeal and struck out the Appellant's suit (No PLD/I/63/1995) on the ground that the trial High Court lacked jurisdiction to entertain and determine same.

BACKGROUND FACTS

The genesis of the instant case could be traced to October 24, 1992 - virtually 29 years ago. On the date in question, Mr. Musa Bot, the father of the 2nd, 3rd and 4th Appellants herein, had a cause to report electric power failure to the Respondent's services centre at Nasarawa/Gwong, Jos. The report was acknowledged, and duly recorded as No. 155405.

Whereupon, two staff members of the Respondent - Messrs Hammidu Mohammed and Sunday Tsok, were detailed to visit the locus and rectify the electric fault. The two staffers vi…

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