A Lagos State High Court has delivered judgement in favor of widow one Mrs, Alioma Obinweugo, over the cause of her husband’s death while working at Mak & Mak Limited.
The court awarded the sum of N10 Million for the general damages caused to the family of the deceased.
Justice Adedayo Oyebanji held that the deceased, Mr Charles Chidi Obinweugo died as a result of the company’s negligence.
Background
On March 7, 2018, Mr Charles dropped from a 40 feet high crane which led to his sudden death.
According to the report, the deceased was summoned by the company to repair a Benut 500 piling crane machine, which eventually led to his busted skull and spilling of his brain.
He was pronounced dead thereafter while the medical report indicated that he died of cardiopulmonary arrest due to sustaining too much head injury from the fall.
The widow further approached the court in the same year to seek compensation.
Mrs Obinweugo in a suit marked LD/ADR/2108/2018, sued Mak & Mak Limited claiming that her deceased husband died out of the company’s negligence, and she further sought general damages.
Three witnesses were presented in court to testify, the deceased’s elder brother, Pastor Godwin Obinweugo (CW1); his wife (CW2); and the defendant’s maintenance manager, Anthony who testified as DW 1.
Counsel to the complainant, Chijioke Emeka, SAN, argued that it is obliged for the defendant to provide a safety kit for the deceased and also enforce the use of it before allowing him climb up.
Emeka further told the court that his client, the widow, her three children, the aged mother of the deceased and others had suffered psychological trauma and unmitigated loss due to the death of Charles who was the breadwinner of the family.
However, In the company’s defence, their counsel, Mr. Chibuzor Aguocha argued that the safety kits were provided but the deceased refused to use them.
He also argued that the defendant died out of his negligence and not of the company as the company had already provided the safety kit for him.
The counsel maintained that his client would rather assist or support the family with the burial cost than compensation.
Court`s decision
The presiding judge, Justice Adedayo Oyebanji held that the defendant failed to ensure and secure the safety of the worker, as the incident was under its control.
He said the company was to make sure the worker made use of his kits no matter the circumstances before climbing up to repair as he was in the company’s premises.
Justice Oyebanji also found the DW1, the maintenance manager’s testimonies contradictory and of no truth.
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The judge said his written testimony was not solid as he claimed that the deceased went up without the kits at first and later also indicated that he saw him kitted, and again found him dead with the full kits.
The court also upheld the police report that was provided to the court that the deceased was found dead without kits.
The judge held that the defendant failed to implement its duty of safety to the worker.
The court consequently agreed that the claimants including children and the mother of the deceased suffered damages due to the death of their breadwinner.
Justice Oyebanji subsequently awarded the sum of N10 Million in general damages, post-judgment interest of 10% per annum until full liquidation of the judgment sum and N500,000 as costs of the suit in their favour.