Judgment
YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment) : This appeal is against the decision of the National Industrial Court sitting in Ibadan and delivered by HON. JUSTICE J.D. PETERS on the 19th March, 2019 in Suit No.: NICN/AB/08/2015 wherein the lower Court entered judgment in favour of the 1st Respondent and awarded the sum of N150,000,000.00 against the Appellant and 2nd Respondent as damages for the permanent injuries the 1st Respondent sustained while at work.
The Appellant dissatisfied with the decision, filed a Notice of Appeal on the 2nd day of March, 2020 setting out 5 Grounds of Appeal. Facts leading to this appeal are straightforward and amenable to brief summary. The Appellant was the 2nd Defendant at the National Industrial Court, Ibadan Division, the 1st Respondent’s deceased father was Plaintiff at the lower Court and later substituted by this Honourable Court for the 1st Respondent on October 15th, 2021 upon his death on the 19th day March, 2021. The 2nd Respondent was the 1st Defendant.
The 1st Respondent instituted this action via a General Form of Complaint and Statement of Claim both filed and dated the 15th day of September, 2015 and sought the following reliefs: a. Negligence for the failure of your company to put off the 11kva cable in safe condition to prevent it, from been harmful N50,000,000 (Fifty Million Naira). b. Cost of pains suffered, burnt, serious bodily injuries and amputation of the hands N50,000,000 (Fifty Million Naira). c. Loss of enjoyment of life amenities N250,000,000 (Two Hundred and Fifty Million Naira). d.
Permanent disability N500,000,000 (Five Hundred Million Naira). Total claim is N850,000,000 (Eight Hundred and Fifty Million Naira e. And also an interest on such damages at such rate for such periods as the Court shall think just. f. Cost of litigation as assessed by the Honourable Court. In response, the Appellant and the 2nd Respondent filed their statement of defence separately on the 24th February, 2017 and 9th June, 2016 respectively and denied liability.
The matter proceeded to trial and the 1st Respondent called a sole witness and tendered 18 documents which were admitted as Exhibits CH1-CH18 while the 2nd Respondent also called a sole witness and tendered one document which was admitted as Exhibit D1. The Appellant did not call evidence but relied on the evidence of the 2nd Respondent in defence of its case.
