Fidelity bank banner Bayelsa State banner
Court fines hospital N.5m for detaining baby’s corpse, parents

By Pamela Eboh, Awka on 21/07/2018

Share on facebook Yahoo mail icon Gmail icon Share on Google+

Views: 797

The cost of N500,000 has been awarded by the Anambra State High Court against Iyi Enu Mission Hospital in the Idemili Local Government Area of Anambra State for unlawful detention of the corpse of a child and the parents for non-payment of hospital bills.

The judgement in suit No: 0/255/2017 which was passed by the Anambra State High court came on the heels of a lawsuit filed by Mrs Ngozi Osegbo and Mr Chinonso Osegbo against the Synod of the Diocese on the Niger who are the Registered Trustees and owners of the hospital.

The court presided over by Justice Osuma ruled that the hospital's refusal to discharge their patient for reason of non-payment of medical bills amounted to false imprisonment.

The Hospital had reportedly locked up the plaintiffs insisting that the only criteria for their discharge would be completing the payment of their bills.

A ruling made available to journalists in Awka on Friday said: “The plaintiffs had taken their 11months old baby to Iyi Enu Mission Hospital for treatment, but he died while undergoing treatment.

“The Hospital thus detained the plaintiff for more than 10 hours despite every plea to allow them put themselves together and sought for funds.

“The plaintiffs had to approach the court for the following reliefs to wit:

“A declaration that the defendants owed the plaintiff’s child (Marvelous Osegbo) a duty of care, and they breached that duty which resulted in his death.

“A declaration that the action of the defendants’ security men in denying the plaintiffs exit from the hospital and threat of grievous bodily harm with gun amounted to false imprisonment.”

The claimants, however, asked the court “for general damages in the sum of N500,000 and 35% interest per annum (or prevailing CBN interest rate) of the judgment sum from date of judgment until final liquidation of the judgment debt.

Delivering the judgment, the court held that the plaintiffs had proved their case.

The court explained that close scrutiny of evidence PW1 and PW2, showed that “their evidence in that respect which is consistent with their pleading and not contradictory were not challenged under cross-examination by the defendants and therefore accepted by same.”

The court, which decried the measure the hospital took to recover its bill, noted that the detention of the plaintiffs for ten hours resulted in false imprisonment.

The ruling further reads: “The act of the defendants in detaining the 1st plaintiff for 10 hours in the circumstance of this case no doubt constitutes acts of false imprisonment. I must deprecate the uncivil and indecent way and manner the defendants recovered the said hospital bill.

“It is not expected that the first defendant (hospital) particularly will engage itself in such uncivil and illegal means of debt recovery.

“Much as this court recognises the fear in the disappearance of patients when it comes to payment of hospital bills or debts generally, I do not find it sufficient to justify illegality that two wrongs do not make a right.”

The court, therefore, the award’s the sum of N500,000 against the Registered Trustees of the Synod of the Diocese on the Niger that owns Iyi Enu Mission Hospital together with 35% interest on the judgment sum until final liquidation of same.

Source News Express

Posted 21/07/2018 05:10:31 AM


Share on facebook Yahoo mail icon Gmail icon Share on Google+




You may also like...
UNWTO/CAF meeting: Minister seeks tourism writers’ support

TODAY’S WEATHER FORECAST, By the Nigerian Meteorological Agency...

Devaluation: Experts task FG on NSE investment limit...

JAMB: Why Imeko students’ performance was poor —...

Traditional ruler kidnapped in Kogi, son killed

Appeal Court frees Ex-Governor Ngilari

FG to build more dams in Ekiti for...

Police smashes 15 robbery gangs in Bayelsa, nabs...

CAN opposes British Prime Minister’s quest for approval...

Jonathan’s ex-aide tackles VON DG over Atiku

APC wades into Senate, Customs CG face-off

Cameroonian delegates arrive for Biafra international youth conference...


Latest News BREAKING NEWS: INEC registers 23 new political parties (See Full List) Boko Haram attacks 3 nations in 1 week; slain officer buried without army’s admission of casualties Amaechi’s 2nd term as Presidential Campaign DG and Buhari’s chances in the 2019 polls BREAKING: Osinbajo orders immediate overhaul of SARS MASSOB bans Kano Governor from visiting Aba, receiving chieftaincy title Saraki, Dogara dash hopes of early reconvening of National Assembly 2019: Southern forum gives conditions for backing presidential aspirants Blind Imolites block Government House to protest Okorocha’s failed promises 2019: Tambuwal, Atiku in closed-door meeting over PDP presidential ticket US lawmaker in fake certificate scandal Dismissed policeman commits suicide after infecting nine-year-old girl, five others with HIV Cleric slumps, dies while officiating wedding


Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (376,423 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (365,896 views) Shameless Genevieve Nnaji exposes breasts in public (295,577 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (241,340 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (221,925 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (216,779 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (192,074 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (174,220 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (159,355 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (157,790 views) Lagos plane crash: Journalist releases victims’ names (152,284 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (142,710 views)


Categories Advertorials (3) African Press Organisation (81) Art & Literature (56) Business & Economy (3,445) Business Verdict (48) Columnists (907) Complaints & Requests (95) Enterprise & Opportunities (207) Entertainment (526) Features (632) Global Business Monitor (293) International (2,263) Interview (161) Live Commentary (28) Love Matters (134) News (37,990) Opinion (1,056) Pidgin (11) Politics (6,025) Religion (814) Sports (1,643) Stock Watch (33) AMA & Al Jazeera Global Update


CBN banner

Firstmobile banner




Liverpool Destroying West Ham 4-0 - Highlights


APO Group Partner




GOCOP Accredited Member

GOCOP Accredited member



Africa Media Agency and Al Jazeera