The Presiding Judge of the National Industrial Court, Makurdi Judicial division, His Lordship, Hon. Justice Salisu Danjidda has dismissed the suit filed by Player Garba Yahaya against Nassarawa United Football Club And 4 others in its entirety for lacking merit.
The court held that the yahaya has failed to discharge the burden of proof to tilt the balance of probability in his favour.
From fact, the claimant- Yahaya a football player of the Nasarawa United Football Club Lafia played for the 2008/2009 football season and contended that he sustained an injury while in the services of the 1st and 2nd Defendant which led to his permanent incapacitation as a result of neglect by the club and the state govt.
Claimant stated that after protracted litigation, the Defendants paid his sign-on fees of N4,500,000.00 upon an order of the court but has refused to make reparation for the injury he suffered and sought for a refund of N2 Million incurred as medical expenses and N500 Million for breach of contract amongst others.
In opposition, the defendants submitted that none of the documents tendered by the claimant before the court is a letter written to all the Defendants in respect of the injury sustained and Enyimba Int’I Football Club could not have purchased a player with such degree of injury as players are subjected to physical fitness test before they are signed on by any club.
Claimant maintained that he sustained the injury on 9th August 2009 which was a month to the signing of undertaking that it was while he was with the bonesetter that letter of undertaking was entered into to pass liability to Enyimba.
Delivery the Judgment, the trial Judge, Justice Danjidda stated that for a Claimant to succeed in a case rooted in negligence, he must prove by cogent and credible evidence.
“Claimant did not state if it was during the season match or training. More curiously is the fact that the Claimant has never informed the 1st, 2nd and 5th Defendants of this injury all through his treatment not even in the solicitor’s letters of complaint to the Defendants on his behalf.
“The Claimant did not plead how and when he was admitted in the hospital or tendered any hospital hand card, medical report or receipt or discharge certificate showing when he was admitted.
“Hospital receipt of N2,000,000.00 did not show if it was a discharge bill or balance of hospital bill but a lump sum for the medical bill. The Coach who took the Claimant to the native bone setter was never called as a witness.
“In view of lack of credible medical evidence to prove the allegation of injury when the claimant was playing for the 1st defendant and the extent of the injury, I find that the Claimant fails to prove negligence against the 1st Defendant.” Justice Danjidda Ruled