Sequel to the death of a 9-years-old girl at Louisville Girls Secondary School, Gwagwalada in the Federal Capital Territory (FCT), Hon. Justice Sylvanus Oriji of the FCT High Court, Maitama, Abuja, on Tuesday awarded the sum of N100 million in general damages against the school for negligence of duty of care, which led to the death of one of its students.
His Lordship also awarded the sum of N300,000 against the school as the cost of the action.
The judgment was delivered in the suit, marked CV/1738/18, filed by Ifeanyi Ikpeatusim, the father of the departed student, Kamzie, against Louisville Girls Secondary School, Gwagwalada.
Mr. Ikpeatusim alleged that the school’s negligence of duty of care led to the death of his nine-year-old daughter, Kamzie, after she fell ill just a few weeks following her admission into the school as a boarding student.
Kamzie was admitted to the school in September 2017, became severely ill by October 2, 2017, and tragically passed away a few days later.
Delivering his judgment, Justice Oriji held that the school’s negligence of duty of care was indeed responsible for the death of Kamzie.
According to the judge, evidence presented before the court showed that the deceased was not given adequate attention when she complained of illness.
While awarding costs against the school, Justice Oriji acknowledged that no amount of money could bring the deceased back to life.
He ordered that 10 per cent interest be applied to the judgment sum from April 8 until full payment is made.
“The claimant established his allegations of negligence against the school. There is no amount of money that can bring back the child to life.
“The court, therefore, awards N100 million against the defendants as general damages, with 10 per cent interest on the judgment sum from today, April 8, until the judgment sum is paid. In addition, the sum of N300,000 is awarded as the cost of the action,” the judge ruled.
Justice Oriji commended the school management for improvements made to its sick bay following the unfortunate death of Kamzie, highlighting that the introduction of doctors attending to students twice a day is commendable.
Responding to the relief sought by the bereaved father that a school structure be named in honour of Kamzie, the judge held that the father should take solace in the improvements made to the sick bay, which he described as honouring Kamzie’s memory.
“The court is of the opinion that this improvement is in honour of Kamzie, as part of reforms recommended by Kamzie’s family. The claimant should take solace in the fact that Kamzie has been honoured by the school through this improvement,” the judge stated.
Counsel to the plaintiff, Ezenwa Anumnu Esq, expressed his satisfaction with His Lordship’s verdict, highlighting his understanding of the complexity of the case. Anumnu further expressed gratitude that the seven-year legal tussle culminated in a positive outcome for the family. He also noted that, although monetary compensation cannot restore human life, the court’s decision will certainly alleviate the family’s grief and initiate the process of closure following the sudden and still painful loss of young, vibrant, and promising Kamzie.
