A Lagos High Court sitting in Ikeja has ordered the proprietress of Cendom International Nursery and Primary School, Olodi-Apapa, Lagos, Mrs Uche Owen, to pay N25 million as damages to a 5-year-old pupil of the school, Destiny Kalu who became blind after he was flogged for not paying school fees.
Destiny had through his father, Inyima Kalu, dragged Mrs Owen and his class teacher, Miss Uduak Sam before the court in 2013 for flogging and inflicting severe injuries to his right eyes over non-payment of school fees.
In his statement of claim, Destiny alleged that on June 20, 2011, Mrs Owen came to his classroom and flogged all the pupils that had not paid their school fees.
He stated that the proprietress further instructed their class teacher, Miss Uduak to flog them severely.
Destiny claimed that while being flogged, his right eye was covered with blood as a result of cane injury inflicted on him by the teacher.
He said the incident left him in pains and tears for several hours unattended to in the schooI premises.
Destiny further claimed that his class teacher neglected him as he bled internally and water gushed out of his right eye all through the school hours, until he was picked up at the close of school by his father after every staff of the school had abandoned him and gone home.
Destiny was subsequently taken to Ajeromi General Hospital Lagos where he was treated and later referred to Lagos University Teaching Hospital (LUTH)
At LUTH, the right eye was operated on without success. Doctor’s report revealed that Destiny’s right eye was permanently damaged and cannot perceive light as a result of severe internal damage.
Following the permanent injury sustained by Destiny, his father demanded N30 million as compensation from the school.
In her statement to the Nigeria Police after the incident, Miss Uduak admitted that she punished the infant by caning him on the instruction of the principal, Mrs Owen.
However, in her statement of defence, Uduak claimed that Destiny may have sustained the injury on his right eye during a fight with another pupil in the school.
The proprietress also denied being responsible for the injuries sustained by Destiny.
Delivering judgment in the matter after six years of trial, Justice Yetunde Idowu held the two defendants liable for the permenant injury.
Justice Idowu held that the defendants owe a duty of care to Destiny but breached that duty by flogging and inflicting injury on him.
She said: “Caning a child for non-payment of fees is not only wrongful but illegal. It is trite and universally accepted that caning a child does not have positive effect. Flogging is an abuse of a child and domestic violence against a child. It should be discouraged completely as it is contrary to all known best practices and unacceptable.
“The child was under the custody of the 1st Defendant, in her school premises. The 1st and 2nd Defendants, the owner of the school and the class teacher owe a duty of care to the child. The duty of care was breached when the 2nd Defendant on the instruction of the 1st Defendant engaged in flogging the child.
“Vicarious liability basically means that employers are liable for the torts of their employees, committed during the course of employment. A tort is a wrongful act or an infringement of a right (other than under contract) leading to legal liability.
“Damages in the sum of N25 million is awarded in favour of the infant suing by the next of kin.”
Hello there I am so grateful I found your weblog, I really found
you by accident, while I was searching on Yahoo for something else,
Regardless I am here now and would just like to say cheers for
a tremendous post and a all round interesting blog (I also love the theme/design), I don’t have time to browse it all at the
minute but I have saved it and also included your RSS feeds, so when I have time I will be back to
read more, Please do keep up the superb work.
With thanks for sharing this awesome webpage.
http://nl.musclemass.space/
http://nl.testosteron.space/testosteron-propionat-250-mg/
I like looking at your site. Many thanks!
http://nl.t-booster2020.com/500-mg-testosteron-per-week/
Wow, lovely site. Thnx …
[url=http://publica-pr.de/l-arginin-einnahme-bodybuilding/]l-arginin einnahme bodybuilding[/url]
Great website! It looks extremely professional! Maintain the helpful work!
disintossicazione tabacco
Many thanks very handy. Will certainly share site with my friends.
Thanks regarding giving many of these amazing content.
http://machinalansu.pl/pro-flexen/
Wow, beautiful portal. Thnx … http://laboratoriogiganti.it/piperinox/
Thanks very valuable. Will certainly share website with my buddies. http://suplementaciones.com/varicorin/
Extremely helpful….looking forward to visiting again. http://baraita.net/breast-enlargement-tablets/
I value the knowledge on your web site. Thanks a bunch! http://machinalansu.pl/czy-istnieje-niezawodny-srodek-na-odchudzanie/
Great looking web site. Think you did a great deal of your own coding. http://machinalansu.pl/green-barley-plus/
Passion the website– extremely individual friendly and lots to see! http://baraita.net/how-to-treat-androgenetic-alopecia/
Your posts is rather fascinating. [url=http://baraita.net/femin-plus/]http://baraita.net/femin-plus/[/url]
I enjoy the knowledge on your web site. Many thanks. http://laboratoriogiganti.it/loreal-paris-collagen-30/
Thanks a myriad in compensation sharing this terrific website. http://juventusdomo.it/bodyfokus-cardio-balance/
I value the serenity on your internet neighbourhood. Perceive it! http://azizapublishing.com/hoe-cockring-gebruiken/
Refined Website, Marinate the wonderful job. Regards! quanta massa magra bisogna avere
Thanks a kismet on sharing this cold-hearted spider’s web send for. titan gel avis negatif
Terrific webpage you’ve got here. come allungare un vestito di cotone
I enjoy this website – its so usefull and helpfull. http://fr.t-booster.org/stimuler-testosterone/
Perpetuate the notable burden !! Lovin’ it! http://de.cgtribc.org/entgiftung-nach-phonix/
Hiya, famous trap episode you take in here. yoga and detoxification
Passion the site– very particular euphonious and predominantly lots to over! alimentazione sana per muscoli
I delight reading through your websites. Acknowledge gratitude you! groupon allungamento ciglia mendrisio
Hiya, awe-inspiring webpage you’ve here. come eliminare le tossine dall’intestino
I boyfriend this situate – its so usefull and helpfull. http://nnet.it/extension-capelli-ricci-ebay/
Take care of the sound occupation and generating the drive! http://fr.testosteron.space/calculer-son-taux-de-testosterone/
You’ve got wonderful intelligence on this spot. laag testosteron symptomen
Great internet website! It looks extremely maestro! Bear up under the great manipulate! http://it.detoxyn.org/centro-disintossicazione-farmaci/
I like checking your web locale. Thanks a ton! http://it.t-booster.org/come-misurare-il-testosterone/
Hugely interesting, looking to the fore to returning. prendre du poid traduction anglais
symbolize thanks to so much representing your website it aids a lot. http://it.musclemass.space/come-perdere-massa-muscolare/
Altogether had to style Intermittently i am thrilled that i happened in your website. bodybuilding natural allenamento
Wow, attractive website. Thnx … centro disintossicazione torino
Colossal internet site! It looks extremely professional! Support the great mission! yogi detox
I appreciate reading through your cobweb orientation. Innumerable thanks! http://it.t-booster.org/testosterone-omeopatico-funziona/
I just want to tell you that I am new to blogging and truly loved this blog site. Likely I’m going to bookmark your blog post . You surely have excellent posts. Appreciate it for sharing your website.
Also I believe that mesothelioma is a exceptional form of cancer that is generally found in those people previously exposed to asbestos. Cancerous tissue form inside the mesothelium, which is a protecting lining which covers many of the body’s bodily organs. These cells generally form inside lining of your lungs, tummy, or the sac that really encircles the heart. Thanks for expressing your ideas.
Thanks for the blog post, how can I make is so that I receive an email whenever you make a new post?
Hi there, You have done a fantastic job. I’ll certainly digg it and in my view recommend to my friends. I am sure they’ll be benefited from this web site.
F*ckin’ amazing issues here. I’m very happy to peer your article. Thank you a lot and i’m looking ahead to touch you. Will you kindly drop me a e-mail?
very good put up, i definitely love this web site, carry on it
One other important issue is that if you are a senior, travel insurance regarding pensioners is something you should really take into account. The more aged you are, a lot more at risk you happen to be for allowing something negative happen to you while in foreign countries. If you are not necessarily covered by quite a few comprehensive insurance policies, you could have many serious complications. Thanks for sharing your advice on this website.