STANLEY SHENKO ALAGOA, J.S.C. (Delivering the leading Judgment): This is an appeal against the judgment of the Court of Appeal Jos Division delivered on the 14th July, 2003. At the High Court Jos, the present Respondent who was Plaintiff had taken out a writ of summons claiming the sum of two million naira (N2,000,000.00) being special and general damages for the negligent conduct of the defendants (Appellant in this appeal) which led to the permanent disability of his hearing senses. The Respondent had sought for and been granted leave to adduce affidavit evidence by the trial High Court. A synopsis of the Respondents case as can be gleaned from his statement of claim and affidavit evidence contained at pages 3 - 4 and 20 - 22 of the Record of Appeal is that the Respondent, a policeman had gone to the hospital of the 2nd Appellant for treatment of pneumonia and after the said treatment the Respondent became 100% deaf. A panel of inquiry set up by the Appellants had arrived at a concl…
PLATEAU STATE HEALTH SERVICES MANAGEMENT BOARD & ANOR.
V.
GOSHWE
(2012) JELR 34806 (SC)
Supreme Court 7 Dec 2012 Nigeria
BriefBot Summary
- Supreme Court affirmed liability in negligence against the Appellants for causing Respondent’s permanent deafness after medical treatment, awarding N300,000.00 in damages. - Key principle: The doctrine of res ipsa loquitur is applicable w
Case Details
Suit Number:SC.229/2003
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:E. J. Pwajok, Esq., Hon. Attorney General of Plateau State, with him F. B. Lotben (Mrs.) and N. A. Garba (Mrs.) For Appellant
Chike Onyemenam with him Philips Odungu Esq. For Respondent
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