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OKEKEARU
V.
TANKO

(2002) JELR 44538 (SC)

Supreme Court 20 Sep 2002 Nigeria
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- This case involves an appeal from a judgment of the Court of Appeal regarding a claim for damages for battery resulting from the amputation of the plaintiff's finger. - The plaintiff claimed that the defendant negligently amputated his fi

Case Details

Suit Number:SC.73/1998
Judges:MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Counsel:Nnaemeke Ngige, Esq. -for the Appellant For Appellant Respondent unrepresented For Respondent
Other Citations:(2002) 15 NWLR (Pt. 791) 657, Okekearu v. Tanko (2002) 15 NWLR (Pt.791)657 (2002) 9 - 10 S.C 101

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): This appeal is from a judgment of the Court of Appeal (Abuja Division) delivered on the 24th day of April, 1997. The lower court reduced the amount of ₦100,000.00 general damages awarded against the appellant to ₦50,000.00 for battery resulting from the amputation of the left centre finger of the respondent.

The facts that led to the institution of this case are as follows:

The plaintiff by his 18 paragraph amended statement of claim averred that on or about August 1991, in the course of removing some zinc from his mother's residence, he injured his left centre finger. He said the wound was not deep. Notwithstanding, the plaintiff's neighbours took him to the defendant's clinic. The defendant without due care and skill negligently amputated that finger, an exercise that permanently disfigured and incapacitated the plaintiff in handling objects. The plaintiff further averred that the defendant refused to surrender the amputated …

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