Tecno Mechanical (Nigeria) Limited V. Adisa Ogunbayo (1999)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A.

The plaintiff henceforth referred to in this judgment as respondent was engaged in the employment of the defendant now appellant in this judgment as a security staff as per undated letter titled “OFFER OF APPOINTMENT’ admitted and marked Exhibit ‘B’ respondent commenced work in the factory of appellant situate at PAKOTO AREA, IFO, Ogun State on 10th January, 1994.

On 13th January, 1994 in the course of duty as security staff at about 11.45 a.m. he was on patrol of appellants factory premises when a forklift driven by one labourer, also an employee, of the appellant knocked him down from his back and was rescued by one Mufu also a servant of appellant. As a result of the accident when respondent was knocked down with the forklift wrongly driven by Fatayi Enitan he received personal injuries and was referred to the Accident and Emergency Centre of Lagos University Teaching Hospital on 13th January, 1994 the same day of the accident, and admitted to ward E2. On 3rd February, 1994, respondent was operated upon under Local Anaesthesia. The medical report of 17th October, 1994 issued on respondent by Dr. E.A. Adeleye the Chief Medical Officer Traumatic of Lagos University Teaching Hospital, was admitted and marked Exhibit “A” when the Medical doctor testified as 1st plaintiff’s witness. As a result of the accident of 13th January, 1994 wherein respondent was knocked down by a servant of the appellant, respondent issued a writ of summons against the appellant. After service of the writ of summons on appellant pleadings were filed delivered and exchanged. The trial was concluded on statement of claim and statement of defence. As both the court and the parties are bound by their pleadings as unpleaded facts go to no issue, the claims of the respondent were as pleaded in some of the paragraphs of the statement of claim as under:-

“(5) On 13th January, 1994 at 11.45 a.m. the plaintiff was walking round the Mechanical Section of the defendant’s factory premises when the defendant’s Forklift driven by Mr. Fatayi Enitan A labourer collided with the plaintiff from the back, raised the plaintiff in the air several times and eventually knocked him down.

(12) The plaintiff was admitted at LUTH, Lagos and underwent surgical operations there and was on admission for four months. The medical report issued by the Chief Medical Officer Trauma Unit Dr. Adeleye will be tendered.

(13) Up till now the plaintiff cannot walk nor sit properly and has pains continually. The plaintiff has been incapacitated from going about to look for work or do farming as a result of the injuries suffered from the accident in the defendant’s factory premises on 13th January, 1994.

(15) The plaintiff ceased to be paid by the defendant as a staff as from January, 1995.

(17) The defendant has been negligent in the following manner:-

(a) Lack of control over the labourers in the defendant’s employment.

(b) Failure to issue regulations in the factory as to the category of staff authorised to drive the FORK LIFT.

(18) The plaintiff has been unable to lead a full life as a result of the injuries sustained on 13th January, 1994.

(19) The plaintiff will rely on the principle of RES IPSAL LOQUITOR.

(201 The plaintiff claims special and general damages as follows:-

SPECIAL DAMAGES