IGHOSEWE
V.
DELTA STEEL COMPANY LIMITED

(2007) JELR 44027 (CA)    

Court of Appeal  ·  CA/B/79/2003 ·  12 Mar 2007 ·  Nigeria
CORAM
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
learned counsel
learned trial judge
injuries
trial court
evidence
case
general damages
medical evidence
award of damages
counsel
left hand
exhibit c
personal injury cases
record of appeal
trial
excruciating pains
index finger
award of n15,000.00
loss of little finger
permanent disability
statement of claim
trite principle
adequate quantum of damages
better treatment
careful evaluation of the evidence
circumstances of this case
close of the cases
court holds
final analysis
following claims
following issues
group personal accident scheme
honourable court
instant appeal
issue of damages
ltd vs. oguarekpe
medical examination
particular make use of the issues
permanent loss of the index finger n1,000,000.00
physical harm
plaintiff claims damages
plaintiffs benefits
result of the negligence breach of statutory duty
s. a. ibiyeye
strabag construction vs. ogharekpe
u.b.a. vs. achoru

S. A. IBIYEYE, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice of Delta State holden in Warri Judicial Division in suit No.W/82/91, the plaintiff who is now the appellant in paragraph l3(a) of his 2nd Amended Statement of Claim sought the following claims emanating from:-

"(i) excruciating recurring pain and suffering from the finger next to the index finger; the permanent disfigurement

of the said finger and its further and better treatment as a result of the negligence breach of statutory duty aforesaid ..... N1,000,000.00

(ii) the partial disfigurement of the thumb which was cut or sliced as a result of the negligence/breach

of statutory duty afore said .... N100,000.

(iii) costs of treatment of the index finger that was chopped off and which often grows down into the palm

instead of growing upward and the excruciating pains from the finger arising

out of the negligence/breach of statutory duty N2,000,000.00

(iv) permanent loss of the index finger N1,000,000…

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