Alltimepost.com Sincerity of Purpose
BY MIKE OSAROGIAGBON AND IDAHOSA MUSA
Mr. Mumbor’s lawsuit followed several months of inconclusive investigations initiated by the Edo State Ministry of Health into his allegation of medical negligence against the facility last June.
The case, a fundamental rights suit, was filed against Mrs. Mabel Uyinmwen Osaide, operator of Safe Bliss Medical Centre.
At the resumed sitting on Wednesday, November 26, 2025, at the Edo High Court, in suit number B/239/2025, counsel to the respondent, Mrs. Atiemwen Osamede, prayed the court for an adjournment to enable her file a counter-affidavit to the motion on notice.
She told the court she had only recently been briefed on the matter and needed time to study the case file.
However, counsel to the applicant, Mr. Ejemi Etinbowei, opposed the oral application, insisting that the respondent had been served the court processes since November 12, 2025. He argued that under the Fundamental Rights Enforcement Procedure Rules, a party has seven days to react once served and that the respondent was already out of time.
He urged the court to refuse the application but added that if the court was minded to grant it, the respondent should be ordered to file and serve all processes promptly to allow the applicant respond appropriately.
After reviewing its records confirming that the respondent was served on November 12, the court nonetheless adjourned the matter to January 27, 2026, to allow the respondent file her processes.
Speaking shortly after the sitting, Mrs. Osamede said the adjournment would give the defence time to file its counter-affidavit.
On his part, Mr. Ejemi Etinbowei said earlier delays in the matter were caused by the difficulty in serving the respondent.
According to him, the facility had been sealed by Edo state government, making it hard to locate her.
“We later discovered that the premises had been reopened and their belongings removed despite the government’s seal. We eventually traced her to her church, where the Bailiff and the Applicant had to wait before they could serve her.”
He stressed the importance of the respondent filing and serving all required processes before the next hearing date.
It was earlier reported that the family’s ordeal began last February when the child was admitted to the hospital for a high fever. The attending doctor reportedly told the parents that the child’s Packed Cell Volume (PCV) had dropped to a critical level of 15, prompting the recommendation for an emergency blood transfusion
