Bot & Ors V. Jos Electricity Distribution Plc (2021)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. 

The instant appeal is a direct fall-out of the judgment of the Court of Appeal, Jos Judicial Division, delivered on April 18, 2007 in appeal no. CA/J/94/2003. By the judgment in question, the Court below allowed the Respondent’s appeal and struck out the Appellant’s suit (No PLD/I/63/1995) on the ground that the trial High Court lacked jurisdiction to entertain and determine same.

BACKGROUND FACTS

The genesis of the instant case could be traced to October 24, 1992 – virtually 29 years ago. On the date in question, Mr. Musa Bot, the father of the 2nd, 3rd and 4th Appellants herein, had a cause to report electric power failure to the Respondent’s services centre at Nasarawa/Gwong, Jos. The report was acknowledged, and duly recorded as No. 155405.

Whereupon, two staff members of the Respondent – Messrs Hammidu Mohammed and Sunday Tsok, were detailed to visit the locus and rectify the electric fault. The two staffers visited the spot and worked on the electric pole supplying power to the residence of Mr. Musa Bot and his family.

​However, soon after the departure of the duo staffers, the wife of Mr. Musa Bot (2nd, 3rd and 4th Appellants’ mother) went to spread her laundered clothes on a wire line with a view to drying same. Unfortunately, she had electric shock and was instantly electrocuted. Her husband Musa Bot, who rushed to rescue his dear wife, was equally electrocuted on the spot. Curiously, it was discovered that there was a naked electric wire from the electric pole resting on the roofing of the deceased couple’s house. And one end of the wire used for spreading the clothes was tied to a nail that held the roofing zinc in place. The naked (uncellotaped) wire touching the zinc was extended from the same electric pole, upon which the Respondent’s staffers had worked earlier on.

Upon the incident being reported thereto, the Respondent’s staffers came and disconnected the offending naked wire from the electric pole. The deceased couple died intestate, leaving behind the 2nd, 3rd and 4th Appellants, all of whom minors as at 24/10/1992, when the cruel fate befell the family.

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When every concerted effort to get the Respondent to compensate the bereaved family failed, the 1st Appellant deemed it compellingly expedient to institute the instant suit at the trial State High Court vide a writ of Summons.

By the 23 paragraphed statement thereof dated 29/09/1995, filed along with the writ, the Appellants claimed against the Respondent the following reliefs:

The Plaintiffs claim a total of N60,000.00 (Sixty Thousand Naira) for funeral expenses.

And the Plaintiffs as persons entitle to claim under the fatal accident law and other enabling laws as beneficiaries as deceased tender children aforesaid call in against the defendants N6,000,000.00 (Six million Naira) and as damages under the fatal accident laws for their benefit as the deceased children to be apportioned amongst them in such shares and assessment as to the said damages, and the award of N6,000,000.00 (Six Million Naira) together with cost, a total of N6,060,000.00 (Six million and sixty thousand Naira only).

The suit proceeded to trial, upon the exchange of pleadings by the respective parties. At the close of the said trial, the trial High Court delivered the vexed judgment, to the conclusive effect:

In the whole, I assess general damages in the sum of N2 million only which is to be divided into three amongst the children being her direct beneficiaries and defendants so as to allow them equal educational opportunity in life. The allocation is as follows: