Assault: Court Awards N4m Damages to Hearing Impaired
Man
A Federal High Court in Benin-city, Edo State, has
awarded N4million as general damages to a hearing impaired man, Mr. Kingsley
Eromosele.
Eromosele had dragged the First Bank of Nigeria and
two of its staff, Jerry Osoleaso and Adetola Busari, to court for damaging his
car and assaulting him.
He had asked
the court to grant him N70,000 being cost for the repair of his car; N1million
for his damaged vehicle; N10million for the assault, dehumanising treatment,
shock he suffered and $1million as Solicitor's fees in respect of the
proceedings.
In his judgment, the presiding judge, Justice A.
Edodo-Eruaga, held that evidence before the court proved that the defendants
failed to exercise the duty of care due to the claimant as a user of the
Benin-Lagos express road.
Justice Edodo-Eruaga awarded the sum of N4million to
the claimant for ill-treatment, harassment and hardship caused him by agents of
the first defendants.
The judge refused to grant the claim of N1million
as general damages for the claimant car and #700,000 as counsel fees for the
prosecution of the case.
The judge struck out the claim for N70,000 being
cost for the repair of the vehicle and dismissed the counter claim of the
defendants as being frivolous and lacking in merit.
Reacting to the judgment, Eromosele who spoke
through an interpreter said he opted for legal redress to tell the world that
physically challenged persons have right to live in the society.
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