CaseLaw
Ugochukwu V. Unipetrol (2002) CLR 3(f) (SC)
Judgement delivered on March 8th 2002
Brief
Facts
This is an appeal from the decision of the Court of Appeal, Lagos Division. From the pleadings, the Appellant who was Plaintiff at the trial court claimed that on the 2nd day of June, 1993 he went to buy fuel at Marina Filling Station Lagos, belonging to the Respondent. While he was at the Filling Station awaiting to buy fuel, an explosion erupted and he was severely burnt in the face, neck, legs and upper limb. He was rushed to Oscar Clinic Lagos and due to severity of the burns he was transferred to Moria Clinic. Lagos. The Appellant averred that the burns caused him permanent disability and was no longer able to take part in any sports as he used to do. He incurred substantial costs for his treatment both at Oscar and Moria Clinics. He gave particulars of the injuries he suffered and negligence of the Respondent. He also relied on the doctrine of res ipsa loquitur. For the reasons disclosed in the Statement of Claim the Appellant claimed N500,000.00 damages.
The suit was originally filed against Unipetrol (Nigeria) Plc as the 1st Defendant, Chief V. Odofin-Bello as the 2nd Defendant. However, at the conclusion of the hearing, but before addresses, learned counsel for the Appellant, Mr. Olusina Sofola, applied to withdraw the suit against the 2nd Defendant who was reported seriously ill. The Court in granting the application observed that the 2nd Defendant was a nominal Defendant and it struck his name from the suit.
The Respondent, in the Statement of Defence admitted that there was a fire at their Marina Filling Station on the 2nd day of June, 1993 but had no evidence whatsoever that the Appellant was one of the fire victims.
The trial opened, the Appellant gave evidence-in-chief and called a doctor who specialised in skin diseases. The doctor testified that he examined the Appellant on 5/1/94, six months after the incident and observed that he had severe burns involving legs, the right upper arm and left forearm. He issued a report when the Appellant asked for it. The defence also called witnesses. Both parties tendered documents, including a police report during the hearing.
At the conclusion of the trial the learned trial Judge considered all the evidence adduced and held that the Respondent was not responsible for the injuries suffered by the Appellant. The court thereafter dismissed the case. The learned trial Judge, after observing that Appellate courts always admonish Judges of courts of first instance in failing to give an alternative judgment, considered the injuries suffered by the Appellant. He awarded N227,550.00 being special and general damages suffered by the Appellant as a result of the fire which erupted at the Respondent's Filling Station.
The Appellant was dissatisfied with the decision of the High Court.
He filed an appeal to the Court of Appeal.
The Court of Appeal in a considered judgment, dismissed the appeal.
A further appeal was made to the apex court.