The Defendant’s Counsel raised objection to their admissibility on the
grounds that there was no affidavit supporting the claim that the originals have
burnt and there is no pleading to that effect.
The Applicant’s Counsel countered that the objection was unfounded since
the foundation has been laid. The Court thereafter reserved ruling till the final
judgment. For the avoidance of doubt, these documents include:
i.
Death Certificate on the deceased
ii.
The photocopy of Trust Newspaper of July 11, 2015
iii.
Letter of condolence from the NDA.
On cross examination, the Defendant admitted signing the consent form to enable
his son the (deceased) participate in the military training having himself understood
what it means to undergo military training.
On further questions by the Court, the witness testified that his son was 19 years and
I month when he died. He was tall but slim and healthy. He also stated that his aim
for bringing this action is to stop the death of other persons resulting from the
carelessness of the Nigeria Army, an Institution of the Defendant.
6.1 ANALYSIS BY THE COURT.
This is a claim by the Applicant against the Defendant for the death of his son as a
result of the acts and omission of the agents of the Defendant. The facts of this case
are straight forward. The Applicant’s son one EL Shaddai Zishindung Kwasu( now
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