CaseLaw
Okhai V. C & C Cons. Co. Ltd (1998) 3(n) (CA)
Brief
Facts
The plaintiff (at the lower court) was an employee of the 1st respondent as an industrial electrician while the 2nd respondent was employed as Electrical Switch Operator by the 1st defendant herein called 1st respondent.
Consequently, the appellant with other employees of the 1st respondent were servicing the crane of the 1st respondent when the motor of the crane switched on thereby causing the crane drum to roll and crushed and smashed the appellant’s left foot which eventually led to the amputation of the appellant’s left foot around the ankle.
Issues were neatly joined by the respondents and the appellant filing their joint statement of defence and further amended statement of claim respectively. The respondents denied any liability. Their stand being that none of their employees at the material time switched on the crane but that same energised itself.
Be that as it may, pleadings have been ordered and exchanged. Trial started in earnest. The appellant testified and called no witness. The respondents called two witnesses. Learned counsel for the parties were allowed to address the court thereafter.
In a reserved judgment the learned Chief Judge of the High Court of Federal Capital Territory Abuja – Saleh CJ judgment in favour of the respondents dismissing the entire claim of the appellant.
Aggrieved by the decision of the lower court the appellant filed a Notice of Appeal