A Federal Capital Territory High Court, Abuja has rejected the request of Premiere Academy, Lugbe to terminate a suit brought against it by one Vivien Akpagher, mother of late 13-year-old Keren -Happuch Aondododoo, who was a boarding student of the school.
The suit is predicated on the school’s alleged failure of the duty of care to the rape victim and negligence.
Keren-Happuch died on June 22, 2021, following health complications after allegedly being raped at her school premises and a condom left inside her vagina, which infected her with sepsis and spike her blood sugar leading to hyperglycemia.
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As a result of this and the failure of the school – Premiere Academy to take responsibility, her Mother, Akpagher instituted a civil action against the school on account of the failure of the duty of care and negligence.
Akpagher’s counsel, Onyenucheya-Uko had prayed the court for an order to correct the misnomer in the name of the 1st defendant to wit: Premiere Academy Limited which was wrongly spelt as Premier Academy Limited”
But counsel for Premiere Academy, Olajide-Olaleye Kumuyi submitted that since the name of his client had been spelt as premier without an ‘e’, he was not a juristic person and can therefore not be sued.
Justice Chinyere Nwecheonwu in her ruling rejected the arguments of Premiere Academy, seeking to terminate the suit filed by late Keren’s mother saying the error was a misnomer and therefore granted the request for the said amendment.
The trial has been adjourned to the 7th of December 2022 for a hearing of the substantive suit, seeking damages from the school for the failure of the duty of care and negligence, which led to the rape and death of Keren.
Editor: Omor Bazuaye
