Justice Sylvanus Oriji of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, has dismissed a suit brought before the court by a student of Lead British International School, Gwarimpa, Abuja, Miss Namitra Bwala, against the school, alleging breach of duty of care.
Miss Bwala had, through her counsel, Marvin Omorogbe, dragged the school before the court, following a viral video in which a student bullied her, slapping her multiple times while others present cheered on, claiming that the school failed in its duty to care for her as one of its students.
In the suit, marked FCT/HC/CV/2341/24, which was filed on her behalf by Omorogbe on 9 May 2024, Bwala further claimed that the school failed to prevent the assault, torment, trauma, and emotional distress she suffered.
She also claimed that the school failed to inform her parents of the incident immediately it happened, adding that the respondent (Lead British International School) also failed to investigate the matter immediately until it went viral on social media.
Miss Bwala subsequently prayed for an order of the court directing the school to pay her the sum of N500 million for breach of duty of care.
At the resumed hearing, when the case was called neither Bwala nor her counsel was present in court.
Following this development, counsel for the school, Samson Ejege, decried the absence of both the claimant and her counsel in court despite being issued with a hearing notice for the day’s sitting.
According to Ejege, no reason had been provided by the claimant and her counsel for their absence in court.
He added that at the last sitting in the case on 3 October 2024, the claimant, through a letter sent to the court, sought an adjournment to enable them to come to court to attend to the case.
Ejege further told the court that yesterday’s date was graciously granted as an adjournment in the case by the court, adding that he subsequently communicated the adjourned date to the claimant’s counsel.
He, therefore, applied that the case be dismissed by the court for lack of diligent prosecution in line with the relevant rules of the court as it was obvious that the claimant was no longer interested in the case.
According to Ejege, “In this circumstance, it is clear that the claimants are no longer willing to prosecute this matter.
“Consequently, my Lord, we humbly apply, pursuant to Order 32, Rule 4 of the Rules of this honourable court, that this matter be dismissed.”
While informing the court that the school had incurred expenses as a result of the suit, Ejege asked for the sum of N2 million to be paid to the respondent.
“We are respectfully asking for costs in the sum of N2 million, subject to the overriding discretion of the court.
“The reason for this is that the respondent has incurred substantial expenses in retaining counsel to defend this matter. We filed a statement of defence and served that on the claimant,” the respondent’s counsel submitted.
He lamented that despite the fact that the claimant had not only escalated the alleged offence in the social media but also disparaged the image of the school through the same media.
He said that despite these, the claimant and her lawyers took flight when it was time to prove their case in court, having seen the respondent’s defence.
“So in the circumstance, my Lord, we most humbly pray this honourable court to see reasons why cost is justified in the circumstance,” Ejege said.
In his bench ruling, Justice Oriji dismissed the suit pursuant to the provisions of Order 32, Rule 4 of the Rules of the Court, 2018.
“The claimant and her counsel are not in court and no reason was given for their absence.
“The case is dismissed pursuant to the provisions of Order 32, Rule 4 of the Rules of the Court, 2018.
“I award a cost of N200,000 to the defendant, payable by the claimant,” Justice Oriji ruled.
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