INEGBEDION
V.
SELO-OJEMEN

AUGIE, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Amaize J. of the High Court of Edo state sitting at Ekpoma on 13th May, 2002, striking out the appellant’s claim for want of jurisdiction of the State High Court. The appellant’s case as stated in his statement of claim is that he went to the 2nd respondent hospital to conduct an HIV/ AIDS test with his estranged wife, and after the laboratory test was conducted, the 1st respondent an employee of the 2nd respondent hospital diagnosed him and informed him that he was HIV positive. He was asked to return in three months time for a confirmatory test. He however went to another hospital, St. Camillus Hospital, Uromi, Edo State for another test, the result of which revealed he was HIV negative and a confirmatory test at the 2nd respondent hospital also revealed that the appellant was HIV negative. He alleged that the 1st respondent breached the doctor/ patient relationship by disclosing the first result of…