FARMART PRODUCE & SHIPPING LINE LTD V. ESTABLISHMENT DE COMMERCE GENERAL
August 27, 2025ALITALIA AIRLINES LTD V. FEDERAL BOARD INLAND REVENUE.
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 81034
In the Supreme Court of Nigeria
Fri Jul 9, 1971
Suit Number: SC 202/1970
CORAM
ADEMOLA, CHIEF JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
A. A. OKULAJA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claims damages from the defendant for being run down by the defendant who drove his car carelessly. The trial judge during the hearing refused to make an order on a motion by the defendant to stay further proceedings until such time as the plaintiff submit to examination by a doctor appointed by the defendant.
HELD
The Court dismissed the appeal upholding the ruling of the learned judge in refusing the application before him for a stay.
ISSUES
Whether the request of the defendant that the plaintiff should submit himself for examination by a doctor chosen by the defendant was reasonable or not
RATIONES DECIDENDI
VICTIMS IN RUNNING DOWN CASES NOT TO BE SUBJECTED TO EXAMINATION BY DEFENDANTS DOCTOR
This Court must make it clear that, except in appropriate cases, the courts will not lend themselves to this novel practice of sending a victim in a running down case from one doctor to another to satisfy the whims of a defendant or an insurance company. Per Ademola, CJN
MEDICAL EXAMINATION OF A PLAINTIFF BY THE DEFENDANTS DOCTOR
It is common ground that the court cannot order a plaintiff to submit himself for medical examination by a doctor, not of his own choice but chosen by the defendant. Per Ademola, CJN
CASES CITED
Edmeades v. Thames Board Mills Ltd. (1969) 2 Q.B. 67
STATUTES REFERRED TO
