POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
TITLE | MAIN ISSUES |
DANTATA & SAWOE CONSTRUCTION COMPANY LIMITED V. EGBE | HEALTHCARE AND LAW:- HEALTHCARE AND LAW:- Proof of injury suffered – Application for leave to give expert medical evidence in rebuttal thereto – How treated |
DARE KADA V. THE STATE
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HEALTHCARE AND LAW:– Emergency healthcare services – Failure to afford a critically injured person (with machete cut to head) access to identifiable medical care for at least two weeks thereafter – Prosecution’s effort to convict person who caused injury for murder – How treated – Implication for justice administration |
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HEALTHCARE AND LAW:- Emergency care for critically wounded persons – Absence of emergency health response teams – Implication for justice administration |
DENLOYE V. M. & D.P.D.C | HEALTHCARE LAW:- Professional Ethics – Professional misconduct which amounts to a crime – Whether matter exclusively for the courts |
DENTON V ABEJE | HEALTHCARE LAW:- Claim for general damages – Pain and suffering arising from negligent driving by defendant – Nature of medical evidence required – Effect of failure thereto |
DR. DARU & ORS V. BARRISTER IBRAHIM AMINU UMAR
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HEALTHCARE AND LAW – MEDICAL NEGLIGENCE:- Allegation of inflicting a surgical procedure on woman for ectopic pregnancy when all she complained of was common cold – How treated HEALTHCARE AND LAW – MEDICAL ETHICS:– Public health workers employed in the public service of the Federation – Whether unlike their private counterparts are not liable to damages arising patient-doctor relationship asl professional Doctors with knowledge and expertise in medical field – Whether any patients who elects for healthcare in a public health facility automatically becomes the patient of the parent hospital and NOT the patient of any of the Consultant or Doctors at the public hospital |
DR. OLADIPO KAJA V. ALHAJI SALAWU OKE
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HEALTHCARE AND LAW:- Hospital acquired injury – Leg of a patient being wheeled out of surgery stuck in lift door occasioning a fracture – Whether ground for claim in negligence and damages – How treated
HEALTHCARE AND LAW – NEGLIGENCE – DUTY OWED IN-PATIENT:- Patient trapped between the doors of the lift in the defendant’s hospital without attention and care after an eye operation resulting in severe fracture of the plaintiff’s limbs and consequential pain and suffering – Liability of hospital in negligence – Heads of claim – Medical expenses, drugs, physiotherapy – Pain and suffering – Loss of earning capacity and loss of opportunity – Need to prove same strictly – Assessment of damages – Whether quantum of damages can be affected by pre-existing medical condition of patient/claimant – Relevant consideration |
EGBE NKANU V. THE STATE | HEALTH CARE AND LAW:- Murder proceedings – Defence of insanity allegedly caused by cigarette smoking – How treated |
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HEALTHCARE AND LAW:- Medical evidence and murder trials – Testimony of medical officer who performed the post-mortem examination on the body of the deceased – When deemed to corroborate the evidence of eye witnesses that the appellant stabbed the deceased – Implication for justice administration |
LUMEZE V. FANNY EZENWA ELUMEZE
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HEALTHCARE AND LAW:- Presumption of premature birth – Whether an inference requiring medical evidence or of law – Whether court can dismiss suggestion of premature birth of child in the absence of medical evidence – Implication for legitimacy of child born during pendency of marriage whose father has proved absence of access to sexual relations with mother within the biological cycle of gestation |
EMEKA V. THE STATE | HEALTHCARE AND LAW:- Access to over the counter drugs – Potent tranquilizers which could send anyone to sleep within minutes of taking it – Lorazepan – Implications for crime and justice administration |
EMERYI V. THE STATE | HEALTHCARE AND LAW:- Mental patient – Delayed access to critical care – Murder committed while waiting for appointment to see a psychiatrist – Implication for justice administration |
EMMA AMANCHUKWU V. THE FEDERAL REPUBLIC OF NIGERIA | HEALTHCARE AND LAW:- Charge of importing heroin without lawful authority by concealing same in the body – Proof of |
ENEWOH V. STATE
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HEALTHCARE AND LAW:- Emergency healthcare services – Absence of – Practice of reporting to Police first before seeking emergency care for grievously wounded person – Implication for justice administration to right to life HEALTHCARE AND LAW – POST MORTEM SERVICE:- Identification of body of deceased person before post-mortem examination are carried out – Importance – How established – Effect of failure to ensure proper identification on criminal proceedings |
EZEIGWE V. AWAWA AWUDU | HEALTHCARE AND LAW:- Ill-health – Whether ground for withdrawing from own suit and appointing an attorney as substitute – How treated |
EZEKIEL ADEKUNLE V. THE STATE
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HEALTHCARE AND LAW:- Healthcare and nutritional support for aged persons – Elderly, sick and health-challenged woman – Absence of mental and bodily healthcare support even after recourse to herbalists/native doctors had proved ineffectual – Branding of a mentally/bodily sick person as a witch leading to banishment from family house and subsequent stoning by a mob leading to her death – Implication for justice administration |
EZENNAH V. ATTA | HEALTHCARE AND LAW:- Breach of agreement to marry – Allegation of low sperm count – Whether relevant consideration in inferring absence of ad idem necessary to found an agreement to marry |
FOLAWIYO V. FOLAWIYO
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HEATHCARE AND LAW:- Health issues and Marriage breakdown – Eye trouble – Pregnancy – Thalidomide baby – Nervous breakdown and association with alleged cruelty in marriage – Medical treatment or diagnosis of mental illness – Implications for the determination of divorce proceedings – How treated |
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HEALTHCARE AND LAW:- Contraceptives – Constant use of same between couple – Whether relevant consideration in disproving presumption of paternity and legitimacy of child conceived during period of use where adultery is proved against one of the couple – Advances in medicine relating to proof of paternity – Burden to displace the presumption of paternity – On whom lies |
GUOBADIA V. THE STATE
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HEALTHCARE AND LAW:- Mental illness – Access to professional treatment – Treatment by native doctor without any improvement and subsequent treatment by father at home – Murder of 2 year old step-sibling and Plea of Insanity as a defence – How treated |
HALILU V. C.O.P. | HEALTHCARE AND LAW:- Unlawful possession of dangerous drugs – Conviction of – Where based on defective charges – Duty of court thereto |
IDIRISU V. THE STATE
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HEALTH AND LAW: – Medical examiners – Importance of medical report to criminal proceedings relating to murder – Need to carry out same properly – Where medical evidence is inconsistent with other evidence of prosecution – Attitude of court – Right of accused person to cross-examine maker of report – How treated |
IMORU V. KADIRI | HEALTHCARE AND LAW:- Proof of paternity in judicial proceedings – Medical evidence as to paternity of child – Gestation calendar – Blood test – Whether conclusive of the question – Attitude of the court thereto |
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HEALTHCARE AND LAW:- Ill-health and justice administration – Legal practitioner – Duty to compile and transmit records of court and transmit same to appellate court where registrar fails to do so under Order 8 Rules 4 of the Court of Appeal Rule 2007 – Where not done within time due to ill-health of counsel – Nature of details required by court to exercise its discretion for the records to be filed out of time – Attitude of court to ill-health of counsel vis a vis inadvertence of counsel |
INEGBEDION V. DR. SELO-OJEMEN | HEALTHCARE AND LAW:- HIV/AIDS Status test in public hospital – Damage arising from false result – Proper forum for initiating suit arising therefrom |
INIJE V. THE STATE | HEALTHCARE AND LAW:- Emergency healthcare – Using taxi to evacuate a pregnant woman grievously wounded with machete wounds and left in her own blood – Postmortem medical examination and proof of murder |
ISHOLA V. THE STATE | HEALTHCARE AND LAW:- Emergency medical services – Absence of –Villager shot by a gun – Death while being taken to the hospital – Implications for justice administration |
IYU V. THE STATE | HEALTHCARE AND LAW:- Emergency healthcare services – Neglect of same in preference for Police report when a person is brutally assaulted – Implication for survival of victim and justice administration |
JAMES ALBERT DE GREGORY V. GENERAL MEDICAL COUNCIL
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HEALTHCARE AND LAW:- Family Doctor – Duty not to abuse his professional position so as, by act or word, to impair the confidence and security which should subsist between husband and wife – Nature of relationship between doctor and patient which would constitute infamous conduct in a professional respect – Whether cessation of doctor-patient relationship is a valid defence |
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HEALTHCARE AND LAW: – Medical evidence and criminal justice – Alleged minor charged with culpable homicide punishable with death – Propriety of declaring accused an adult based on a medical examination, evidence which was not challenged via cross-examination by accused’s counsel – Implications for justice administration |
JULIUS BERGER NIGERIA PLC & ANOR V. MRS. DOLAPO OGUNDEHIN | HEALTHCARE LAW: – Injury arising from motor vehicle accident – Cost of medical treatment in local and foreign hospitals – Action for damages to recoup same – How treated – Relevant considerations |
JULIUS LIBMAN V. GENERAL MEDICAL COUNCIL | HEALTHCARE AND LAW – PROFESSIONAL MISCONDUCT:- Sexual relations with client and attempts to suppress evidence relating thereto – How treated |
KANDE V. QUEEN | HEALTHCARE AND LAW: Access to primary healthcare and emergency health services – Effect on lives – Implication for justice administration – Whether can be used as a defence against the charge of murder |
KILLA V. THE QUEEN | HEALTHCARE LAW & POLICY: – Emergency Services – Access to primary Healthcare services and education – Implications for families and justice administration q |
KUSU V. SOKOTO N. A. | HEALTHCARE LAW:- Women and healthcare – Access to basic healthcare and health education – Belief in witch-craft and spells – Implication for wellbeing of women and families |
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HEALTHCARE AND LAW:- Defence of insanity and memory loss – Accused person subject to fits of some sort of depression and partial amnesia – Access to mental health treatment and implications for crime and justice administration |
LATEEF ADENIJI V THE STATE | HEALTHCARE AND LAW:- Access to fertility treatment – Resort to alternative medicine providers – Loss of life of woman arising therefrom – How treated |
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HEALTHCARE AND LAW: – Matrimonial proceedings – Diagnosis of ill-health and implications for justice administration – Testimonies of two doctors that petitioner’s illness in 1964 might have been caused “by domestic worries or by “anxiety’ or psychological imbalance caused or exacerbated by conduct of wife – Long-term Ill-health and neglect of spouse – Whether relevant in founding cruelty as a ground for grant of divorce petition
HEALTHCARE AND LAW: – Adultery – Whether a likely cause of illness – Finding of trial court thereto without evidence adduced by any party – Attitude of appellate court |
LIMAN V. THE STATE | HEALTHCARE AND LAW:- Proof of crime – Report of medical examiner – When securing the attendance of doctor as a witness by court is indispensable – Statutory foundation |
MACKAM V. THE QUEEN | HEALTHCARE AND LAW: Access to primary healthcare – Snake-bite leading to death of mother of little girl – How treated |
MAJOR BELLO MAGAJI V. THE NIGERIAN ARMY
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HEALTHCARE AND LAW:- Attribution of motivation for sexual abuse of young person to “psychological and psychiatric problem” on the part of the accused person – Attitude of court thereto “It is my humble and firm view that the Appellant, deserves to be put away from the society and to be in prison custody in a secluded and single cell for a very long time where his alleged problem, will be taken care of by a Psychiatric Doctor” |
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HEALTHCARE AND LAW:- Counselling and other psychological healthcare support for single parents – Absence of – Implication for criminal justice administration as well as the life and wellbeing of both mother and child |
MAXWELL V. THE DIRECTOR OF PUBLIC PROSECUTIONS | HEALTHCARE AND LAW: – Primary healthcare – Doctors –Illegal abortion – Professional malpractice – Relevant issues – How treated |
MBELE V. THE STATE
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HEALTHCARE AND LAW:- Section 154(1) of the Evidence Act – Extreme old age, disease, whether of body or mind, or any other cause of the same kind – Treatment of as disqualifying ground for the legal competence of any person to testify in legal proceedings – Implication for justice administration |
MENAKAYA V. MENAKAYA | HEALTHCARE AND LAW:- Healthcare options available to young people/children of a marriage – Effect of divorce thereon |
MERLIN AND ANOTHER V. BRITISH NUCLEAR FUELS PLC
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HEALTHCARE AND LAW:- Preventive/Pre-emptive measure – Family who were forced to move from their home so as to safeguard the health of their children and themselves from ingress of ionizing radiation – Whether not ground to recover damages for diminution in value of home
HEALTHCARE AND LAW:- Operations of nuclear plants – Presence of alpha emitting radionuclides in the human airways or digestive tracts or even in the bloodstream which increases the risk of cancer to which everyone is exposed from both natural and artificial radioactive sources – Attitude of court thereto – Judicial view that it is in the nature of nuclear installations that there will be some additional radionuclides present in the houses of the local population, over and above the naturally occurring radionuclides to which every one of us is continually exposed – Implication for justice administration |
MORGAN V. SMALLY | HEALTHCARE AND LAW:- Depression suffered after breakdown of the marriage and divorce and exacerbated by an arson attack – Non-attendance of court proceedings – How treated |
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