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INEGBEDION
V.
SELO-OJEMEN & ANOR

(2013) JELR 46227 (SC)

Supreme Court 18 Jan 2013 Nigeria
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Case Details

Suit Number:SC.92/2004
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Chief Michael Inegbedion, Esq. For Appellant E. I. Esene, Esq., with him Onyebuchi Ifeanyi For Respondent
Other Citations:(2013) 8 NWLR (Pt. 1356) 211, (2013) JELR 78212 (SC)

STANLEY SHENKO ALAGOA, J.S.C.(Delivering the Leading Judgment): The Appellant as Plaintiff took out a Writ of Summons against the Respondents as Defendants at the Edo High Court, Ekpoma Judicial Division claiming damages for negligence, defamation and breach of Doctor/Patient confidence. So much of the facts as are necessary and as can be gleaned from the Statement of Claim are that the Plaintiff went to the hospital of the 2nd Defendant for the purpose of having an HIV/AIDS test conducted on him and his estranged wife. The test was carried out by the 1st Defendant Dr. Selo-Ojemen, a medical doctor employed by the 2nd Defendant hospital who informed the Plaintiff that he was H.I.V. positive. He was however advised to come back to the 2nd Defendant hospital in three months time to have this test confirmed. Plaintiff then proceeded to another hospital, St. Camillus Hospital, Uromi, Edo State for another test which in fact revealed that he was H.I.V. negative. Meanwhile the confirmatory …

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