CORAM

M.L. UWAIS

S. KAWU

CHRISTOPHER MITCHEL CHURKWUMA-ENEH, JUSTICE, SUPREME COURT.

A.B. WALI

CHRISTOPHER MICHELL CHUKWUMA-ENEH (Lead Judgment) JUSTICE, SUPREME COURT.

PARTIES

JOHN EKEOGU

ELIZABETH ALIRI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

A teacher at the Community Primary School, Ohekelem, Ngor Okpala mercilessly flogged the plaintiff a minor and pupil of Community Primary School, Ohekelem, Ngor Okpala which resulted in the loss of her left eye

HELD

It was held that the respondent’s action filed on 20th July, 1987, not having been brought within three months of the occurrence of the act complained of, is hereby struck out. Costs assessed at N500.00 are awarded to the appellant.

ISSUES

Whether the appellant was acting in pursuance of his duty as a teacher when he caused injury to the respondent Whether the action was, in the circumstances, maintainable in law. Whether the two lower courts were right in their conclusion that the act complained of cannot be said to have been performed by the appellant in the execution of his public duty so as to enable him enjoy the protection of the provisions of the Public Officers Protection Law.

RATIONES DECIDENDI

CASES CITED

Egbe v. Adefarasin No. 2(1987) 1 NWIX (Pt.47) at p.13

STATUTES REFERRED TO

None|

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