Assault: Court Awards N4m Damages To Hearing Impaired Man

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A Federal High Court sitting in Benin City has awarded N4m as general damages to a hearing impaired man, Mr. Kingsley Eromosele.

Mr. Eromosele had dragged the First Bank of Nigeria and two of its staff, Messers 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, N1m for his damaged vehicle, the sum of N10m for the assault, dehumanizing treatment, shock he suffered and the sum of N1m as Solicitors fees in respect of the proceedings.

In his judgment, 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 N4m to the claimant for ill-treatment, harassment and hardship meted to him by agents of the first defendants.

The Judge refused to grant the claim of N1m as general damage for the claimant car and awarded N700,000 as Counsel fees for the prosecution of the case.

Justice Edodo-Eruaga struck out the claim for N70,000 being cost for he 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.

Source: Leadership

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