Dunlop Nigeria Plc V. Olubode Fadeyi (2002)

LawGlobal-Hub Lead Judgment Report

O. ADEREMI, J.C.A.

The appeal here is against the ruling of the High Court of Lagos State (coram Holloway J.) delivered on 23rd July 1999 striking out, in limine, the motion of the defendant (hereinafter referred to as the appellant) dated 8th April 1997 praying the court for the following orders:-

(1) an order striking out the writ of summons and statement of claim in this suit the claim having been statute-barred.

OR

(2) an order striking out the writ of summons and statement of claim for disclosing no reasonable cause of action and for being frivolous and vexations.

The respondent, who was the plaintiff in the court below, had by a writ of summons filed on 12th March 1997 claimed from the defendant/appellant as follows:-

the plaintiff’s claim is for the sum of N2,000,000.00 being general damages for injuries suffered by the plaintiff in consequence of an industrial accident in the course of his duty as an operator for the defendant at the defendant’s factory at Ikeja within the jurisdiction of this Honourable Court.

The accident, according to the plaintiff/respondent, was due to lack of provision and maintenance of a safe system of work at the defendant/appellant’s factory. Pleadings in terms of statement of claim and statement of defence were filed and exchanged between the parties. In paragraphs 4 and 9 of the statement of claim the plaintiff/respondent averred:

Para 4

“On or about the 16th of August 1991 plaintiff in the course of his said employment in the night shift at Let Off Section of the defendant’s said factory was injured when the machine which he was operating called Four Roll Stand hook his hand.”

Para 9

The said injuries and loss and damage were occasioned to the plaintiff by reason of negligence and/or breach of duty and/or breach of the said contract of employment on the part of the defendant its servants or agents.

The defendant/appellant’s response to paragraphs 4 and 9 of the statement of claim reproduced supra is as contained in paragraphs 4 and 5 of the statement of defence which read:

Para 4