Between
CHIEF M. A. INEGBEDION –
Appellant
AND
CHIEF M. A. INEGBEDION –Appellant
AND
1. DR. SELO-OJEMEN 2. OTIBHOR OKHAE TEACHING HOSPITAL, IRRUA –
Respondent
Before Their Lordships
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Between
CHIEF M. A. INEGBEDION –Appellant
AND
1. DR. SELO-OJEMEN
2. OTIBHOR OKHAE TEACHING HOSPITAL, IRRUA –Respondents
…………………….A…………………….
STANLEY SHENKO ALAGOA, J.S.C.(Delivering the Leading Judgment): The Appellant as Plaintiff took out a Writ of Summons against the Respondents as Defendants at the Edo High Court, Ekpoma Judicial Division claiming damages for negligence, defamation and breach of Doctor/Patient confidence. So much of the facts as are necessary and as can be gleaned from the Statement of Claim are that the Plaintiff went to the hospital of the 2nd Defendant for the purpose of having an HIV/AIDS test conducted on him and his estranged wife. The test was carried out by the 1st Defendant Dr. Selo-Ojemen, a medical doctor employed by the 2nd Defendant hospital who informed the Plaintiff that he was H.I.V. positive. He was however advised to come back to the 2nd Defendant hospital in three months time to have this test confirmed. Plaintiff then proceeded to another hospital, St. Camillus Hospital, Uromi, Edo State for another test which in fact revealed that he was H.I.V. negative. Meanwhile the confirmatory test after three months at the 2nd Defendant hospital revealed that Plaintiff was in fact H.I.V. negative. It was the allegation of the Plaintiff that the doctor/patient relationship which existed between the Plaintiff and the Defendants had been breached by the Defendants who had disclosed the result of the first test which showed that the Plaintiff was H.I.V. positive to the Plaintiff’s wife and a prophet, which prophet had attempted and failed to capitalize on Plaintiff’s medical condition to extort money from him. It was the contention of the Plaintiff that the 1st Defendant, Dr. Selo-Ojemen falsely and maliciously wrote and/or published information about the Plaintiff imputing H.I.V./AIDS to the Plaintiff which caused the Plaintiff incalculable damage and injury to his reputation and to his family and professional life. Plaintiff relied in part on RES IPSA LOQUITUR in that according to him, the 2nd Defendant hospital had failed in its duty to:
