Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45549 (SC)    

Supreme Court  ·  SC.264/91 ·  29 May 1998 ·  Nigeria
Other Citations
Orhue v. N.E.P.A. [1998] 7 NWLR (Pt.557)187
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant's house
laws of the federation
learned trial judge
members of his family
court of appeal
court of appeal justices
electric shock
house of the appellant
mr. omamadaga
lead judgment
breach of its duty of care
firm view
issue of negligence
lower court
medical doctor
transmission lines
benin high court
effect of the energized wires
electric current
high-pressure electric lines
judgment of the court of appeal
leading judgment
learned counsel
mr. orhewere
such sides
totality of the evidence
vertical clearance
a. c.
brother uthman mohammed
conclusion of the trial
construction of high-tension
decision of the high court
energized wires of the respondent
evidence of electric shock
expert advice
highest pan of the building
installation of high-tension cable
learned justice ejiwunmi
light of the quantum of evidence
national electric power authority
onitsha transmission line
provisions of the electricity supply regulations
respective briefs of argument
result of electrical shocks
support of the claim
transmission line

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The appellant in this appeal was plaintiff at the Benin High Court. The construction of high-tension 330 KV overhead Benin-Onitsha transmission line in 1966 was the cause of the suit filed in Benin High Court against the National Electric Power Authority, N.E.P.A., which is the respondent in this appeal. The appellant complained that the transmission line was constructed directly over his house rendering his house and the adjoining parcel of land unsafe for human habitation. As a result of electrical shocks the plaintiff and the household suffered from whenever they came in contact with metallic objects in the house, the appellant and his entire household, upon expert advice, moved out of the premises to a rented accommodation where he has been staying since 1966.

The appellant therefore claimed ₦200,000.00 being compensation or damages for the unsafe condition he suffered from the energized wires of the respondent and the expenses o…

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