OBANDE FESTUS OGBUINYA, JCA (Delivering the Leading Judgment): The Federal High court, Ilorin Division, coram A.O. Faji, J., in suit No. FHC/IL/CS/2008 handed down a decision, on 22/07/2011, wherein it granted the respondent's claims against the appellant.
The facts of the case in the lower court, whence the appeal germinated, are succinct. Late Chief Ernest Omotade Abegunde, the respondent's father, was a traditional ruler who wore the prestigious title of the Olu-agba I of Makutu in Kogi State. During the lifetime of the septuagenarian Chief, he was a diabetic, hypertensive and stricture patient who patronized the appellant constantly. Sometime in January 2008, precisely on 11/01/2008, while on his way to South Africa for a brief holiday, he made a stopover in the appellant for a medical checkup because he was dribbling urine and had slurred speech. Sequel to those ailments, the deceased chief was admitted in the urology unit of the appellant. The demised chief went into series of t…