CaseLaw
Strabag Const V. Ogarekpe (1991) CLR 1(b) (CA)
Judgement delivered on December 10th, 1990
Brief
Facts
The defendant, a construction company, was engaged at all material times relevant to this case in building the Calabar Atimbol/Ikang road and the Atimbo bridge in Calabar. The plaintiff had been in the defendant’s employment as an electrical technician since November, 1983. On 17 January, 1984, the plaintiff and five other persons including one Mr. Manfred Schrewtech, a German and Crane Engineer, were engaged in electrical wiring job. The plaintiff, Mr. Schrewtch and two others were on top of a tower crane, which was being installed at a considerable height. The plaintiff put the height at about 250 feet, but the defendant pleaded about 14 metres or 42 feet. In evidence, however, the defendant said 25 to 30 meters, but even on the defendant’s admitted 30 metres, that was a great height of 100 feet the crane had reached. The trial Judge made no finding on this. As the installation was being done, the crane suddenly shifted and came heavily to the ground. The plaintiff and the others on the crane were injured, the plaintiff rather seriously. He broke his right hand and his armpit was severed. He was treated at Oban Medical Centre where his hand was operated and pieces of stainless steel material were inserted into his body to have his bones fixed. The doctor, Dr. Oscar Jeremiah Umoh, an Orthopedic Surgeon who treated him, put his permanent disability at 25% and said he was no longer fit to perform in his usual employment as an electrical technician. It was on these facts he sued for negligence against the defendant claiming damages.
The defendant totally denied that it was negligent. They called two witnesses but the evidence adduced by the witnesses never explained why the crane fell down so as to rebut negligence.
The Judge gave entered judgment in favour of the plaintiff and awarded damages Dissatisfied with the judgment the defendant/appellant appealed