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JULIUS BERGER NIGERIA PLC.
V.
NWAGWU

(2006) JELR 46226 (CA)    

Court of Appeal  ·  CA/A/210/2003 ·  25 May 2006 ·  Nigeria
 · 
Other Citations
Julius Berger (Nig.) Plc. v. Nwagwu (2006) 12 NWLR (Pt.995) pg.518
Julius Berger (Nig.) Plc. v. Nwagwu (2006) 12 NWLR (Pt. 995) 518
CORAM
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria MARY U. PETER ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
respondent
right eye
general damages
learned trial judge
trial court
evidence
doctrine of res ipsa loquitur
medical certificate
res ipsa loquitur
statement of claim
terminal benefits of n43,800
protective clothing
record of appeal
position of the law
wrongful termination of employment
concluding part of the judgment
documentary evidence
loss of his right eye
nature of plaintiff
personal injury cases
result of no safety device
ajaokuta high court
award of the sum of n135,000
clear difference
collective agreement
course of his duty
credible evidence
findings of the learned trial judge
general damage of n135,000.00k
issue no.
issue of negligence
kogi state high court
leading judgment
lokoja general hospital
medical evidence
medical expenses
notice of appeal
rules of this court briefs of argument
said accident
set aside
subsequent trial
suit no
sum of n5m compensation
support of his claim
totality of the evidence

RHODES-VIVOUR, JCA (Delivering the Leading Judgment): By way of a writ of summons filed on the 7th day of December 1999, before the Kogi State High Court holden at Ajaokuta, in Suit No: KGS/AS/8/99, the respondent as plaintiff claimed from the appellant as defendant the sum of N5m compensation for the loss of his right eye.

Alternatively the same amount for wrongful termination of employment.

Pleadings were ordered in the suit and were duly settled, filed and exchanged. At the subsequent trial, the plaintiff testified and called one witness in support of his claim. The defendant called three witnesses. A total of twenty-one documents were admitted as exhibits.

The suit was tried at the Ajaokuta High Court presided over by Hon. Justice R. Okpanachi. On the 23rd of January 2003, the Learned trial Judge gave Judgment for the plaintiff awarding N135,000:00K as General damages.

It is necessary at this stage that I set out the facts as pleaded by the parties and the findings of the learned …

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